Landlord Wins Non-payment Case: Metcap Living Management Inc v Fenn 2023
Toronto tenant ordered to pay $7098 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 146 Jameson Ave, Toronto, ON M6K2X5
Decision in favor of
landlord
Balance Owed to Landlord
$7,098
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Tenancy End Date
Jul 2023
Order Date
Aug 2, 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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $1,334.11 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Decision Summary
The tenancy is terminated unless the tenant pays $7,098.27 by August 13, 2023 to void the order. If the tenant does not pay, the tenant must move out by August 13, 2023 and pay the landlord $5,446.07, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$813
Rent Arrears
$6,099
Application Fee
$186
Rent Deposit
$202
Deposit Interest
$3
Total Owing
$7,098 (Owed to Landlord)
Source
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