MEDALLION CORPORATION v Arundell - 2024 LTB Ruling
North York landlord wins $24600 judgment against tenant for non-payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1210 Finch Ave W, North York, ON M9M2X2
Decision in favor of
landlord
Balance Owed to Landlord
$24,600
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2024
Order Date
Mar 26, 2024
Tenancy End Date
Apr 2024
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 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 still in possession on application date
- Lawful rent is $1,563.12 due on 1st of each month
- Tenant paid $2,756.60 since application filed
- Rent arrears owing to March 31, 2024 are $27,149.60
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,554.03 rent deposit plus $30.02 interest
Arguments and Actions
Landlord
Arguments
Given the significant arrears, a 30-month payment plan would be unfairly burdensome on the Landlord.
Actions
Landlord sent letters offering payment plan when N4 Notice and Notices of Hearing were served, but Tenant did not respond.
Tenant
Actions
Tenant was unemployed from July 2022 to February 2024 due to COVID, with only $700 monthly child benefits as income. Tenant is now employed full-time at the airport with $4,000 monthly income and can pay $900 monthly towards arrears.
Decision Summary
Unless the Tenant voids the order by paying $27,335.60 by March 31, 2024 or $28,898.72 by April 6, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $24,599.55 and vacate the unit by April 6, 2024. The Tenant will also owe daily compensation of $51.39 from March 9, 2024 until they move out.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,563
Rent Arrears
$27,150
Application Fee
$186
Rent Deposit
$1,554
Deposit Interest
$30
Total Owing
$24,600 (Owed to Landlord)
Source
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