IMH Pool I LP v Ha - Landlord Wins Non-payment Case
Toronto tenants ordered to pay $9701 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 15 Dundonald St, Toronto, ON M4Y1K4
Decision in favor of
landlord
Balance Owed to Landlord
$9,701
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Aug 2023
Order Date
Sep 7, 2023
Tenancy End Date
Oct 2023
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 $2,930 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants claimed they made additional payments to the Landlord totalling $3,630.00 by money order, but later admitted it was an 'honest mistake' and they did not actually deliver the payments.
Decision Summary
The tenancy will be terminated on October 7, 2023 unless the tenants pay $13,066.06 by September 30, 2023 or $14,723.65 by October 7, 2023 to void the order. If the tenants do not pay, they must vacate the unit by October 7, 2023 and pay the landlord $9,700.70, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Reason for Eviction Relief
Tenants have a young child and the male tenant lost his job and fell into depression, but has been employed for about a month and earns $3,000 monthly. Tenants also receive child tax benefits of $600 monthly.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,658
Rent Arrears
$11,222
Application Fee
$186
Rent Deposit
$1,609
Deposit Interest
$22
Total Owing
$9,701 (Owed to Landlord)
Source
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