Landlord Wins Non-payment Case: Marie Kamche v Patricia Kalala 2023
Scarborough landlord wins non-payment case, tenant ordered to pay $8025 or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4062 Lawrence Ave E, Scarborough, ON M1E4V5
Decision in favor of
landlord
Balance Owed to Landlord
$8,025
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 25, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant submitted the N4 notice was invalid due to a 10-cent discrepancy in the rent credit, but the Adjudicator found the notice to be valid.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,960 per month
- No payments made since application filed
Case Study
The Adjudicator found the N4 notice to be valid despite the Tenant's argument about a 10-cent discrepancy in the rent credit. The Tenant was still in possession of the unit at the time of the hearing and had not made any payments since the application was filed.
Arguments and Actions
Landlord
Actions
Landlord noted there are significant arrears of rent, causing significant financial hardship to the Landlord, with power of sale proceedings having already commenced. The Landlord's representative noted the Tenant has been non-communicative with the Landlord and the Landlord's representative in their attempts to discuss payment.
Tenant
Arguments
Tenant submitted the N4 notice was invalid due to a 10-cent discrepancy in the rent credit.
Actions
Tenant indicated she can make payments and can borrow funds from others but seeks until the end of May 2023.
Decision Summary
The Tenant must pay $8,025 by April 30, 2023 or $9,985 by May 10, 2023 to void the eviction order and continue the tenancy. If the Tenant does not pay, the tenancy is terminated and the Tenant must vacate by May 10, 2023. The Tenant must also pay $7,160.48 in rent arrears and application fees if the tenancy is terminated.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,960
Rent Arrears
$7,839
Application Fee
$186
Total Owing
$8,025 (Owed to Landlord)
Source
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