Hunters Lodge Apts. Inc. v El Badaoui - 2024 ONLTB 30607
North York landlord granted order to terminate tenancy for non-payment, but tenant given time to repay $5849 in arrears to avoid eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1201 Don Mills Rd North, North York, ON M2J3B4
Decision in favor of
landlord
Balance Owed to Landlord
$5,849
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
May 1, 2024
Tenancy End Date
May 2024
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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,311.36 per month
- Parking charges are non-cancellable
- Tenant paid $10,690 since application filed
- Rent arrears owing to March 31, 2024 is $1,040.16
- Landlord incurred $186 application filing fee
Arguments and Actions
Tenant
Actions
Tenant testified that he provides for his family overseas, some of which are elderly and sick, and that having to repay the arrears would cause him significant financial and emotional stress. Tenant also testified that he could borrow money and would be able to repay the Landlord within one month.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent is granted. The Tenants may void the order by paying $5,848.88 on or before May 31, 2024. If the Tenants do not pay the amount, they must vacate the unit by May 31, 2024. The Landlord is authorized to deduct $75.99 per day for compensation for the Tenants' continued occupation of the unit after March 7, 2024.
Reason for Eviction Relief
To give the Tenant time to repay the arrears and preserve the tenancy
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
$2,311
Rent Arrears
$16,353
Application Fee
$186
Rent Deposit
$2,311
Deposit Interest
$10
Total Owing
$5,849 (Owed to Landlord)
Source
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