Galaxy Real Estate Core Ontario Properties LP v Todd - LTB Ruling on Non-Payment of Rent
Landlord granted conditional relief from eviction in Toronto non-payment case, tenant to pay arrears in installments
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1 Rosemount Dr, Toronto, ON M1K2W5
Decision in favor of
landlord
Balance Owed to Landlord
$5,042
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Jan 2024
Order Date
Feb 8, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the 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 $2,340 since application filed
Arguments and Actions
Tenant
Actions
Tenant testified that he fell behind on rent due to having to care for his father who passed away from lung cancer in July 2023. Tenant's employment insurance payments stopped in August 2023, corresponding to the rent arrears. Tenant was also defrauded of $2,500 in October 2023 but the funds were returned, and he immediately paid $2,340 to the Landlord.
Decision Summary
The Landlord's application is granted. The Tenant shall pay the Landlord $5,041.71 for rent arrears and application filing fee in installments over 10 months. If the Tenant fails to make any payment, the Landlord may apply to terminate the tenancy and evict the Tenant.
Reason for Eviction Relief
Tenant has compelling reason for falling behind on rent and made payment as soon as able. This is a long tenancy and it would be challenging for Tenant to find similar affordable unit.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$1,224
Rent Arrears
$4,856
Application Fee
$186
Rent Deposit
$1,078
Deposit Interest
$28
Total Owing
$5,042 (Owed to Landlord)
Source
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