Landlord Wins Non-payment Case: Hazelview Property Services Inc. v Fatemi 2024
Toronto tenant evicted for non-payment of rent, owes $8938 to landlord
Summarized by RentZenLast updated: October 12, 2024
Case Summary
Unit ****, 75 Broadway Ave, Toronto, ON M4P1V1
Decision in favor of
landlord
Balance Owed to Landlord
$8,938
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Aug 2024
Order Date
Oct 8, 2024
Tenancy End Date
Oct 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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,526.03 due on 1st of each month
- Tenant paid $8,575.00 since application filed
- Rent arrears owing to 2024-08-31 are $5,700.18
- Landlord incurred $186.00 application filing fee
- Landlord holds $1,488.83 rent deposit with $23.76 interest
Arguments and Actions
Tenant
Actions
Tenant fell into rent arrears due to unemployment and health issues, and testified that finding similar affordable accommodations would be difficult.
Decision Summary
Unless the Tenant voids the order by paying $8,938.24 by 2024-10-31, the tenancy will be terminated. If the Tenant does not void the order, they must pay $3,850.96 to the Landlord and vacate the unit by 2024-10-31. The Tenant will also owe daily compensation of $50.17 from 2024-08-21 until they vacate.
Reason for Eviction Relief
Given the Tenant's evidence that they cannot afford the lawful monthly rent or to repay the rent arrears, to grant any additional relief from eviction would prejudice the Landlord as the Tenant would likely continue to fall into further arrears.
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,526
Rent Arrears
$13,753
Application Fee
$186
Rent Deposit
$1,489
Deposit Interest
$24
Total Owing
$8,938 (Owed to Landlord)
Source
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