Landlord Wins Non-payment Case: NEW SPADINA GARMENT INDUSTRY CORP v James 2023
York landlord wins eviction case against tenant for non-payment of $2275 in rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 3561 Eglinton Ave W, York, ON M6M5C7
Decision in favor of
landlord
Balance Owed to Landlord
$2,275
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
May 2023
Order Date
Oct 18, 2023
Tenancy End Date
Oct 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 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 not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent is $822 per month
- Tenant paid $5,586 since application filed
- Rent arrears owing to May 31, 2023 are $2,191
- Landlord incurred $186 in filing costs
Case Study
The Landlord served a valid N4 notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord attempted to negotiate a repayment agreement with the Tenant, but the Tenant did not attend the hearing, so no other circumstances were presented to the adjudicator. Therefore, it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord contacted Tenant and Tenant promised to pay arrears, but did not.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,937 to void the order by October 29, 2023. If the Tenant does not void the order, the Tenant must pay $2,275.20 to the Landlord and vacate the unit by October 29, 2023. The Tenant will owe daily compensation of $27.02 for each day of occupation after May 11, 2023.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$822
Rent Arrears
$2,191
Application Fee
$186
Total Owing
$2,275 (Owed to Landlord)
Source
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