MLYM Inc c/o Minto Management Ltd v Mabayeke - 2024 LTB Ruling
Toronto landlord wins $22000 rent dispute, tenant ordered to pay or vacate by February 13, 2024
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 750 York Mills Rd, Toronto, ON M3B1X1
Decision in favor of
landlord
Balance Owed to Landlord
$16,758
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Feb 2, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
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 $2,644 since application filed
Arguments and Actions
Tenant
Arguments
Tenant requested the Board exercise its discretion by granting him relief from eviction by way of a conditional order to pay $500 per month until he secures employment.
Actions
Tenant fell into arrears after his partner was laid off in January 2023 and he was laid off in August 2023. His partner now works full-time at a nail salon and brings home approximately $2,400 a month, but does not contribute 100% of her income to household expenses. Tenant receives $1,000 in EI benefits per month and occasionally earns $1,500 in temporary jobs through his union.
Decision Summary
Unless the Tenant voids the order by paying $22,243.60 on or before February 13, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $16,758.05, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay the Landlord $89.10 per day for use of the unit starting January 30, 2024 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,710
Rent Arrears
$19,348
Application Fee
$186
Rent Deposit
$2,644
Deposit Interest
$5
Total Owing
$16,758 (Owed to Landlord)
Source
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