IMH POOL III LP v Mccombe - Landlord Wins Eviction Case for Non-payment of Rent
Landlord wins eviction case against tenant for $27000 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 80 Wellesley St E, Toronto, ON M4Y1H3
Decision in favor of
landlord
Balance Owed to Landlord
$27,035
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Sep 11, 2023
Tenancy End Date
Sep 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 due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears, NSF charges, and the cost of filing the application.
Decision Summary
The tenancy is terminated unless the tenant pays $27,035.13 by September 22, 2023 to void the order. If the tenant does not pay, they must vacate the unit by September 22, 2023 and pay the landlord $25,023.42 plus daily compensation of $63.19 per day starting August 30, 2023.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,922
Rent Arrears
$24,902
Application Fee
$186
Other Owed Amount
$25
NSF charges
Total Owing
$27,035 (Owed to Landlord)
Source
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