Landlord Wins Eviction Case: Lapinskaia v King 2024
Toronto tenant faces eviction for non-payment and late payment of rent, owes $18436 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
134 Brunswick Ave, Toronto, ON M5S2M2
Decision in favor of
landlord
Balance Owed to Landlord
$18,436
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2022
Hearing Date
May 2024
Order Date
Jun 27, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenant did not void by paying the arrears.
Determinations
- Tenant was in possession on application date
- Landlord served valid N4 Notice
- Tenant did not void N4 notice
- Tenant still in possession at hearing
- Lawful rent is $800/month, due 1st of month
- Tenant paid $800 since application filed
- Rent arrears to May 31, 2024 are $17,450
- Landlord incurred $186 application fee
- Tenant has $800 last month rent deposit
- $45.70 interest owed to Tenant on rent deposit
Arguments and Actions
Landlord
Arguments
Landlord argued the lawful rent is $800/month, and the Tenant has not paid rent consistently since July 2022.
Actions
Landlord testified there was never an agreement to lower rent to $600/month, and the $925 received from social services covered the last month's rent deposit, first month's rent, and part of March 2022 rent.
Tenant
Arguments
Tenant argued rent should be $600/month due to storage agreement, and he only owes for current month as he already paid last month's rent deposit.
Actions
Tenant testified actual arrears are much lower as Landlord agreed to lower rent to $600/month for storage, and Tenant only had to pay $600/month unless his situation changed, which it did not. Tenant also claimed Landlord received $925 from social services for last month's rent deposit.
Decision Summary
The tenancy is terminated unless the Tenant pays $18,436 by June 30, 2024 or $19,236 by July 21, 2024 to void the order. If the Tenant does not void the order, the Tenant must pay $16,332.20 and vacate the unit by July 21, 2024. The Tenant is also ordered to pay daily compensation of $26.30 from May 14, 2024 until the date the Tenant vacates.
Reason for Eviction Relief
Tenant given opportunity to void order by paying arrears
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$800
Rent Arrears
$17,450
Application Fee
$186
Rent Deposit
$800
Deposit Interest
$46
Total Owing
$18,436 (Owed to Landlord)
Source
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