Landlord Wins Non-payment Case: IMH POOL I LP v Kazkaz 2023
Toronto tenant ordered to pay $16879 or vacate by April 30 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
$16,879
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 5, 2023
Tenancy End Date
Apr 2023
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,759.86 per month
- Tenant paid $13,058 since application filed
- Rent arrears to March 31, 2023 are $14,932.88
- Landlord incurred $186 in filing fees
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the Tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenant testified that he needs until May 15, 2023 to move out because he needs to find a new place to live and has a lot of furniture to move.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,878.74 to void the order by April 30, 2023. If the Tenant does not void the order, the Tenant must pay $12,968.23 to the Landlord and vacate the unit by April 30, 2023. The Tenant will also owe daily compensation of $57.86 for continued occupation after March 25, 2023.
Reason for Eviction Relief
The Tenant testified that he needs until May 15, 2023 to move out because he needs to find a new place to live and has a lot of furniture to move. The Landlord opposed the extension, but the Landlord did not argue that an extension will cause them significant hardship and they are holding a rent deposit, so the arrears will not increase if the eviction date is extended to the end of the month.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$1,760
Rent Arrears
$14,933
Application Fee
$186
Rent Deposit
$1,751
Deposit Interest
$28
Total Owing
$16,879 (Owed to Landlord)
Source
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