Landlord Wins Non-payment Case: Mohaia v McGeown 2023
Scarborough tenant ordered to pay $27755 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4064 Lawrence Ave E, Scarborough, ON M1E4V6
Decision in favor of
landlord
Balance Owed to Landlord
$27,755
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Mar 2023
Order Date
Apr 24, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict 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
- Tenant in possession on application date
- Lawful rent is $2,300 per month
- No payments made since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant disputed the amount of rent arrears claimed by the Landlord and said she had proof of payments but did not have time to get the proof from the bank.
Decision Summary
The tenancy is terminated unless the Tenant pays $30,086 by April 30, 2023 or $32,386 by May 5, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by May 5, 2023 and pay the Landlord $27,754.60 plus daily compensation of $75.62 from March 31, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$27,600
Application Fee
$186
Total Owing
$27,755 (Owed to Landlord)
Source
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