Landlord Wins Non-payment Case: Forest Park Circle Ltd. v Glave 2023
Mississauga tenant given chance to void eviction by paying $13839 by Dec 31 or $15584 by Jan 31 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1850 Rathburn Rd E, Mississauga, ON L4W2X9
Decision in favor of
landlord
Balance Owed to Landlord
$130
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Dec 18, 2023
Tenancy End Date
Jan 2024
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 due on 1st of each month
- Tenant paid $10,207.80 since application filed
- Rent arrears owing to June 30, 2023 are $3,178.50
- Tenant had preauthorized debit of $1,745.70 on June 1, 2023 that did not clear
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,745.70 rent deposit and $29.65 interest
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears up to the date the Tenant vacates the unit. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant had a preauthorized debit withdrawn from their account on June 1, 2023 in the amount of $1,745.70 but this payment has not cleared the Landlord's bank account at the time of the hearing.
Decision Summary
The tenancy will be terminated on January 31, 2024 unless the Tenant pays $13,838.70 by December 31, 2023 or $15,584.40 by January 31, 2024 to void the order. If the Tenant does not void the order, they must pay $130.40 to the Landlord and $57.39 per day in compensation starting June 6, 2023 until they vacate the unit.
Reason for Eviction Relief
Given the amount paid toward the arrears subsequent to the filing of the application, it would not be unfair to delay eviction as requested should the Tenant not be able to pay the outstanding arrears.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,746
Rent Arrears
$3,179
Application Fee
$186
Rent Deposit
$1,746
Deposit Interest
$30
Total Owing
$130 (Owed to Landlord)
Source
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