LANRO Developments Inc. v Flemming - LTB Ruling on Non-payment of Rent
Landlord wins eviction case against tenant owing $23903 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2 Lake Shore Blvd W, Toronto, ON M8V1L2
Decision in favor of
landlord
Balance Owed to Landlord
$22,340
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Jul 2024
Order Date
Jul 19, 2024
Tenancy End Date
Aug 2024
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.
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
Arguments and Actions
Landlord
Arguments
Landlord asserts that anything over a 30-day delayed termination would be highly prejudicial to the Landlord, given the significant rent arrears.
Tenant
Actions
Tenant was injured in January 2021, was off work for 4 months, and applied for WSIB which took over a year to be approved, during which time the rent arrears accumulated.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $23,962.75 by July 31, 2024 or $24,724.20 by August 31, 2024. If the Tenant does not void the order, the Tenant must move out by August 31, 2024 and pay the Landlord $22,339.67, plus daily compensation of $25.03 from July 4, 2024 until the move-out date.
Reason for Eviction Relief
Tenant was injured and off work for 4 months, and it took over a year for WSIB to approve his claim, during which time the rent arrears accumulated.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Lawful Rent
$761
Rent Arrears
$23,903
Rent Deposit
$600
Deposit Interest
$337
Other Owed Amount
$60
NSF cheque fees
Total Owing
$22,340 (Owed to Landlord)
Source
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