Equiton Residential Income Fund LP v Torres - LTB Ruling on Non-payment of Rent
Brampton tenant ordered to pay $23663 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
106 78 Braemar Dr, Brampton, ON L6T2M2
Decision in favor of
landlord
Balance Owed to Landlord
$23,663
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Oct 2023
Order Date
Oct 23, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, but 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 $1,778.37 per month
- No payments made since application filed
Case Study
The Tenant did not void the N4 notice by paying the rent arrears, and was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to terminate the tenancy and the Tenant was ordered to pay the rent arrears and costs.
Arguments and Actions
Landlord
Actions
Landlord's representative stated that the current Landlord took over the residential complex on July 22, 2023, and the previous Landlord also has a L9 order for rent arrears against the Tenant. The Tenant has a history of rent arrears applications from previous tenancies.
Tenant
Actions
Tenant testified that when he moved in, his father came from China to live with him and he was supposed to help with the rent, but his father got sick and he had to take care of him. His father has now moved out and the Tenant is seeking work actively.
Decision Summary
The tenancy is terminated unless the Tenant pays $26,644.70 by October 31, 2023 or $28,423.07 by November 3, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by November 3, 2023 and pay $23,662.79 to the Landlord.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,778
Rent Arrears
$26,459
Application Fee
$186
Rent Deposit
$1,735
Deposit Interest
$53
Total Owing
$23,663 (Owed to Landlord)
Source
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