Landlord Wins Non-payment Case: Medallion Corporation v Ahmed Abdi Liban 2023
North York landlord wins non-payment case, tenant given chance to pay $4321 to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
220 Harding Avenue, North York, ON M6M0A3
Decision in favor of
landlord
Balance Owed to Landlord
$4,321
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 18, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid 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 application date
- Lawful rent is $1,446 due on 1st of each month
- Tenant paid $7,813 since application filed
- Rent arrears owing to April 30, 2023 are $2,688.50
- Landlord incurred $186 application filing fee
- Landlord holds $1,446 rent deposit and $29.71 interest
Case Study
The Tenant's aide testified that the Tenant's rent is paid via two separate sources, and there was an issue with missing cheques. The Tenant's representative submitted that the Tenant will be able to settle the arrears by the end of May. Considering the circumstances under Section 83 of the Act, the eviction was postponed until May 31, 2023 to allow the Tenant to investigate the issue and pay the arrears.
Arguments and Actions
Tenant
Arguments
The Tenant's representative submitted that the Tenant will be able to settle the arrears by the end of May.
Actions
The Tenant's aide testified that the Tenant's rent is paid via two separate sources, and there was an issue with missing cheques.
Decision Summary
The tenancy is terminated unless the Tenant pays $4,320.50 to void the order by May 31, 2023. If the Tenant does not pay, the tenancy is terminated, and the Tenant must pay $1,188.83 to the Landlord. The Tenant must also pay daily compensation of $47.54 for each day of occupation starting April 27, 2023 until the Tenant moves out.
Reason for Eviction Relief
The Tenant's aide testified that the Tenant's rent is paid via two separate sources, and there was an issue with missing cheques. The Tenant's representative submitted that the Tenant will be able to settle the arrears by the end of May.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,446
Rent Arrears
$2,689
Application Fee
$186
Rent Deposit
$1,446
Deposit Interest
$30
Total Owing
$4,321 (Owed to Landlord)
Source
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