Landlord Wins Eviction Case: Morgatskaya v Dos santos 2024
North York tenant faces eviction for non-payment of rent and landlord's personal use, owes $10303
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 434 Drewry Ave, North York, ON M2R2K5
Decision in favor of
landlord
Balance Owed to Landlord
$10,303
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 5, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord also applied to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on application date
- Lawful rent is $896.05 due on 1st of each month
- No payments made since application filed
- Landlord has genuine intention to occupy unit
- Tenant's claims about pest infestation and electrical issues not sufficiently proven
Arguments and Actions
Tenant
Arguments
Tenant argued that he should not be responsible for the full rent arrears due to the issues he has had to endure within the rental unit.
Actions
Tenant testified about pest infestation and electrical issues in the rental unit, but did not provide corroborating evidence.
Decision Summary
The Landlord's L1 application for non-payment of rent is granted. The Tenant must pay the Landlord $10,303.15 by June 30, 2024. The Landlord's L2 application for personal use is also granted. The tenancy is terminated effective June 30, 2024. The Tenant's claims about pest infestation and electrical issues were not sufficiently proven.
Reason for Eviction Relief
Given the length of this tenancy and the Tenant's personal circumstances
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$896
Rent Arrears
$11,853
Application Fee
$186
Rent Deposit
$850
Deposit Interest
$85
Total Owing
$10,303 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.