Landlord Wins Non-payment Case: IMH Pool XX v Thomas 2023
Mississauga tenant ordered to pay $20523 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
332 7170 Darcel Ave, Mississauga, ON L4T3T5
Decision in favor of
landlord
Balance Owed to Landlord
$20,523
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Oct 2023
Order Date
Oct 18, 2023
Tenancy End Date
Oct 2023
We estimate Application Date using rent arrears.
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 on the hearing date.
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 Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears up to that date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy will be terminated on October 31, 2023 unless the Tenant pays $23,708.75 to void the order. If the Tenant does not pay, the Tenant must move out by October 31, 2023 and pay the Landlord $20,522.54, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Reason for Eviction Relief
The Tenant has made no payments for over 7 months and the arrears are high. The Tenant is self employed and Tenant expects to start unionized work in late November but there was no corroborative evidence of current or future income source to satisfy the adjudicator that a payment plan could preserve this tenancy.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,915
Rent Arrears
$23,523
Application Fee
$186
Rent Deposit
$1,880
Deposit Interest
$21
Total Owing
$20,523 (Owed to Landlord)
Source
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