Landlord Wins Non-payment Case: Lin v Palandoken 2023
North York tenants evicted for non-payment of $44633 in rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
44 Rockland Dr, North York, ON M2M2Y9
Decision in favor of
landlord
Balance Owed to Landlord
$44,633
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2022
Hearing Date
Aug 2023
Order Date
Nov 1, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,250 due on 15th of each month
- Rent arrears of $37,947 as of September 14, 2023
- Landlord incurred $186 in application filing fees
- Landlord holds $3,250 rent deposit with $155.87 interest
Case Study
The Landlord served the Tenants with a valid N4 Notice, and the Tenants did not void the notice by paying the rent arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Tenants claimed they were owed money for renovations, but the evidence provided was lacking in detail and the Landlord had already provided credits for 3 months' rent for the renovations. Relief from eviction was not warranted.
Arguments and Actions
Tenant
Arguments
Tenants argued the Landlord owed them for the cost of renovations to the unit.
Actions
Tenants claimed they renovated the unit and were owed money, but did not obtain permission from the Landlord or provide detailed invoices.
Decision Summary
The tenancy is terminated unless the Tenants pay $44,633 to void the order and continue the tenancy by November 12, 2023. If the Tenants do not void the order, they must pay $33,293.58 to the Landlord and vacate the unit by November 12, 2023. The Tenants will also owe daily compensation of $106.85 for each day of occupation after September 1, 2023.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$3,250
Rent Arrears
$37,947
Application Fee
$186
Rent Deposit
$3,250
Deposit Interest
$156
Total Owing
$44,633 (Owed to Landlord)
Source
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