Landlord Wins Non-payment Case: Eccleston Terrace v Gonsalves 2023
North York tenant given conditional relief, owes $620 to landlord for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
48 Eccleston Dr, North York, ON M4A1K7
Decision in favor of
landlord
Balance Owed to Landlord
$620
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 19, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,419.67 per month
- Tenant paid $9,400.24 since application filed
- Rent arrears owing to June 30, 2023 are $433.56
- Landlord incurred $186 application filing fee
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, the application filing fee, and compensation for the Tenant's continued occupation of the unit. The Landlord was also required to return the rent deposit and interest to the Tenant.
Decision Summary
The tenancy will be terminated on July 31, 2023 unless the Tenant pays $619.56 by June 30, 2023 or $2,039.23 by July 31, 2023 to void the order. The Landlord is entitled to compensation of $46.67 per day for the Tenant's continued occupation after June 8, 2023. The Landlord must return the rent deposit and interest to the Tenant.
Reason for Eviction Relief
Impact of COVID-19 on the parties and the Landlord's attempt to negotiate a repayment agreement with the Tenant
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,420
Rent Arrears
$434
Application Fee
$186
Rent Deposit
$1,271
Deposit Interest
$107
Total Owing
$620 (Owed to Landlord)
Source
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