Hunters Lodge Apts. Inc. v Kuzmann - LTB Ruling on Non-Payment of Rent
Landlord granted eviction order against tenants for non-payment of $24354 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2600 Don Mills Rd, North York, ON M2J3B4
Decision in favor of
landlord
Balance Owed to Landlord
$24,354
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Jan 8, 2024
Tenancy End Date
Jan 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Landlord served a valid 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
- Tenant paid $13,150 since application filed
- Rent arrears owing to 2023-11-30 are $20,098.32
- Landlord incurred $186 in filing costs
- Landlord holds $2,007.49 rent deposit with $71.06 interest
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord rejected the Tenant's payment plan proposal and requested a standard order.
Tenant
Arguments
Tenant requested a 12-month payment plan to avoid eviction due to the difficult rental market.
Actions
Tenant testified that he had fallen behind on rent due to injury and inability to work, but is now working full-time and wants to pay back what is owed.
Decision Summary
The tenancy is terminated unless the Tenant pays $24,353.56 to void the order by January 19, 2024. If the Tenant does not void the order, the Tenant must pay $17,642.73 to the Landlord, which includes rent arrears and the cost of filing the application, minus the rent deposit and interest.
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
$2,035
Rent Arrears
$20,098
Application Fee
$186
Rent Deposit
$2,007
Deposit Interest
$71
Total Owing
$24,354 (Owed to Landlord)
Source
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