Landlord Wins Non-payment Case: METCAP LIVING MANAGEMENT INC. v Ford 2023
Scarborough tenant evicted for non-payment of rent, owes $3984 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
306 Danforth Rd, Scarborough, ON M1J1G1
Decision in favor of
landlord
Balance Owed to Landlord
$3,984
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2023
Hearing Date
Oct 2023
Order Date
Oct 24, 2023
Tenancy End Date
Nov 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 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 $1,272.23 due on 1st of each month
- Rent arrears to October 31, 2023 are $5,866.48
Case Study
The Landlord served a valid N4 Notice in accordance with the Residential Tenancies Act, 2006. The Tenant did not void the notice by paying the arrears. The evidence was insufficient to find the Tenant paid more than the amount claimed in arrears. Ordering a repayment plan was not fair to the Landlord given the Tenant's financial circumstances, but a delay in eviction until November 30, 2023 was reasonable.
Arguments and Actions
Tenant
Actions
Tenant stated he did not receive the N4 Notice, but would have to check his papers. Tenant disputed the amount of rent arrears and believed he only owed $2,927.00. Tenant proposed a repayment plan that did not cover the full amount outstanding.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,052.48 by October 31, 2023 or $7,324.71 by November 30, 2023 to void the order. If the Tenant does not void the order, they must vacate by November 30, 2023 and pay the Landlord $3,983.80 plus daily compensation.
Reason for Eviction Relief
Given the length of this tenancy and that there is a last month's rent deposit, it is fair to delay the eviction until November 30, 2023.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$1,272
Rent Arrears
$5,866
Application Fee
$186
Rent Deposit
$1,192
Deposit Interest
$23
Total Owing
$3,984 (Owed to Landlord)
Source
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