Landlord Wins Non-payment Case: Hazelview Property Services Inc. v Eusler 2024
Toronto tenant evicted for non-payment of $16754 in rent, owes landlord $14709
Summarized by RentZenLast updated: October 2, 2024
Case Summary
Unit ****, 99 Marlee Ave, Toronto, ON M6E3B3
Decision in favor of
landlord
Balance Owed to Landlord
$14,709
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 16, 2024
Tenancy End Date
Jul 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. The Tenant was still in possession of the rental unit at the time of the hearing.
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
- No payments made since application filed
Arguments and Actions
Landlord
Actions
The Landlord submitted that there were discussions with the Tenant about payment plans to address the arrears at various times, but there was no resolution.
Decision Summary
Unless the Tenant voids the order by paying $18,899 on or before July 27, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $14,709.07, 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. The Tenant must also pay daily compensation of $64.41 for each day of occupation starting June 28, 2024.
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
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Financial Details
Lawful Rent
$1,959
Rent Arrears
$16,534
Application Fee
$186
Rent Deposit
$1,987
Deposit Interest
$24
Total Owing
$14,709 (Owed to Landlord)
Source
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