IMH POOL XVII LP v Teherali - Landlord Wins Non-payment Case
Scarborough tenants ordered to pay $11718 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1611 Danforth Rd, Scarborough, ON M1J1G3
Decision in favor of
landlord
Balance Owed to Landlord
$11,718
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Aug 16, 2023
Tenancy End Date
Aug 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
- No payments made 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
Tenant NT asked for a few months because they were hoping for a settlement from the government with regards to their father's estate.
Decision Summary
The tenancy will be terminated on August 27, 2023 unless the tenants pay $20,829.21 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $11,718.36 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $49.72 for each day of occupation starting March 29, 2023 until they vacate the unit.
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
$1,512
Rent Arrears
$13,082
Application Fee
$186
Rent Deposit
$1,411
Deposit Interest
$18
Total Owing
$11,718 (Owed to Landlord)
Source
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