Landlord Wins Non-payment Case: Hoque v Kechego 2023
Toronto tenants evicted for non-payment of rent, owe $11233 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
54 Bellamy Rd S, Toronto, ON M1M3P4
Decision in favor of
landlord
Balance Owed to Landlord
$11,233
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Feb 2023
Order Date
Mar 30, 2023
Tenancy End Date
Apr 2023
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
- Tenants paid $12,400 since application filed
- Rent arrears owing to 2023-02-28 are $12,350
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord made several attempts to contact the tenant and arrange a repayment plan, but the tenant did not respond. The rent arrears are substantial, and denying the eviction would be prejudicial to the landlord.
Arguments and Actions
Landlord
Actions
Landlord made several attempts to contact the tenants and arrange a repayment plan.
Tenant
Actions
Tenants did not contact the landlord to arrange a repayment plan.
Decision Summary
The tenancy is terminated unless the tenants pay $18,126.41 by April 10, 2023 to void the order and continue the tenancy. If the tenants do not pay, they must move out by April 10, 2023 and pay the landlord $11,232.56 plus daily compensation of $90.41 from February 16, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$2,750
Rent Arrears
$23,447
Application Fee
$186
Total Owing
$11,233 (Owed to Landlord)
Source
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