Landlord Wins Non-payment Case: Li v Clemens 2024
North York tenant ordered to pay $6556 in rent arrears after eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 131 Charlton Blvd, North York, ON M2R2J2
Decision in favor of
landlord
Balance Owed to Landlord
$6,556
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Tenancy End Date
Jan 2024
Hearing Date
May 2024
Order Date
Jun 6, 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant disputed the N4 notice and the amount of rent owed.
Determinations
- Tenant testified he never received N4 notice
- Tenancy terminated on January 15, 2024 when Tenant was removed by Sheriff
- Tenant admitted he did not inform Landlord in writing about issues with eviction
- Tenant was in possession on application date
- Parties agreed base rent was $750/month
- Insufficient evidence to prove agreement for $50 parking fee
- Insufficient evidence to prove last month's rent deposit
- Tenant did not pay rent after June 2023
- Rent arrears calculated up to January 15, 2024 termination date
Arguments and Actions
Tenant
Actions
Tenant testified he never received N4 notice and was not aware of it until last hearing. Tenant admitted he did not inform Landlord in writing about issues with eviction.
Decision Summary
The Landlord's application is granted. The Tenant is ordered to pay the Landlord $6,555.90, which includes rent arrears up to the date the Tenant vacated the unit and the application filing fee. If the Tenant does not pay the full amount by June 17, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$750
Rent Arrears
$6,370
Application Fee
$186
Total Owing
$6,556 (Owed to Landlord)
Source
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