Metcap Living Management Inc v Violeta Projeski - 2023 ONLTB 37904
Oshawa tenant granted conditional relief from eviction for non-payment of rent, ordered to pay $7745 in arrears and costs
Summarized by RentZenLast updated: September 12, 2024
Case Summary
525 Saint Lawrence Ave, Oshawa, ON L1H7V8
Decision in favor of
landlord
Balance Owed to Landlord
$7,745
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 16, 2023
Dispute Summary
The 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, and the tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Lawful rent is $1,534.15 per month
- Tenant paid $1,496.00 since application filed
- Rent arrears to May 31, 2023 are $7,559.26
- Landlord incurred $186.00 in application costs
- Landlord holds $1,505.98 rent deposit
- Interest on rent deposit is $13.20
Case Study
The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent arrears. The landlord is entitled to the rent arrears and the application filing costs, minus the rent deposit and interest on the deposit.
Decision Summary
The tenant is ordered to pay the landlord $7,745.26 in rent arrears and application costs, with a payment schedule of $250 per month from June to September, and a final payment of $6,745.06 by September 15, 2023. The tenant must also pay new rent on time and in full during this period. If the tenant fails to make any of the payments, the landlord may apply for an order terminating the tenancy and evicting the tenant.
Reason for Eviction Relief
The tenant was granted conditional relief from eviction under section 83(1)(a) and 204(1) of the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,534
Rent Arrears
$7,559
Application Fee
$186
Rent Deposit
$1,506
Deposit Interest
$13
Total Owing
$7,745 (Owed to Landlord)
Source
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