Landlord Wins Non-payment Case: Marbella Apartments Inc. v Balogh 2023
North York tenant evicted for non-payment of $27603 in rent, owes $25095 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 5 Agate Rd North, North York, ON M3M2B2
Decision in favor of
landlord
Balance Owed to Landlord
$25,095
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
May 2023
Order Date
Jul 21, 2023
Tenancy End Date
Aug 2023
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing 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 did not attend the hearing to make submissions regarding their unique circumstances to consider any discretionary relief from eviction. The landlord had tried to reach out to the tenant to work out a payment plan and referred the tenant to the EPIC program, but the tenant did not respond.
Arguments and Actions
Landlord
Actions
Landlord tried to reach out to the tenant to work out a payment plan and referred the tenant to the EPIC program, but the tenant did not respond.
Tenant
Actions
Tenant did not pay rent and did not attend the hearing.
Decision Summary
The tenancy is terminated unless the tenant pays $30,581.34 by July 31, 2023 or $31,977.60 by August 1, 2023 to void the order. If the tenant does not void the order, the tenant must pay $25,094.69 to the landlord and vacate the unit by August 1, 2023. The landlord is also entitled to daily compensation of $45.90 for the tenant's continued occupation of the unit starting May 4, 2023.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,396
Rent Arrears
$27,603
Application Fee
$186
Rent Deposit
$1,350
Deposit Interest
$86
Total Owing
$25,095 (Owed to Landlord)
Source
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