OLEMED CORPORATION v Henry - LTB Ruling on Non-Payment of Rent
Landlord awarded $38000 in rent arrears from North York tenants who failed to pay rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
8773 Lawrence Avenue West, North York, ON M6A1C2
Decision in favor of
landlord
Balance Owed to Landlord
$38,160
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 17, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,900 per month
- No payments made since application filed
- Rent arrears of $38,000 as of March 31, 2023
- Landlord incurred $186 in application filing fees
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The rent arrears exceeded the Board's monetary jurisdiction of $35,000, but the Landlord voluntarily waived the portion of the claim that exceeded the Board's jurisdiction. The Tenants will be ordered to pay $35,000 for their arrears if they vacate the rental unit. If the Tenants wish to void the order, they can pay the full amount owing, including any additional rent that became due after the order was issued.
Decision Summary
The tenancy will be terminated on April 28, 2023 unless the Tenants pay $38,186 to void the order and continue the tenancy. If the Tenants do not pay the full amount, they must vacate the unit by April 28, 2023 and will owe $38,160.10 to the Landlord, plus daily compensation of $62.47 for each day of occupation starting March 31, 2023.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$38,000
Application Fee
$186
Total Owing
$38,160 (Owed to Landlord)
Source
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