Landlord Wins Non-payment Case: Greenwin Corp v Harrison 2023
Scarborough tenants ordered to pay $1512 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 50 Burnhill Rd, Scarborough, ON M1L4R3
Decision in favor of
landlord
Balance Owed to Landlord
$1,512
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Nov 2023
Order Date
Dec 14, 2023
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Partial payments made since application filed
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 cost of filing the application, and daily compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears by the termination date in the N4 notice.
Decision Summary
The tenancy will be terminated on January 3, 2024 unless the tenants pay $6,199.78 by December 31, 2023 or $8,267.64 by January 3, 2024 to void the order. If the tenancy is terminated, the tenants must pay $1,512.31 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,068
Rent Arrears
$3,946
Application Fee
$186
Rent Deposit
$2,003
Deposit Interest
$45
Total Owing
$1,512 (Owed to Landlord)
Source
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