Orlando v Filip: Tenant Faces Eviction for Non-Payment and Interference
Tenant faces eviction for $9010 rent arrears and unproven substantial interference claims
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 245 Park Street, Vanier, ON K1L7G7
Decision in favor of
landlord
Balance Owed to Landlord
$7,400
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 15, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for eviction based on non-payment of rent and allegations of substantial interference and safety impairment. Only the Landlord attended the hearing. The L1 application for non-payment of rent was partially successful, while the L2 application was dismissed due to insufficient notice details.
Determinations
- Tenant did not void N4 Notice
- Tenant still in possession of rental unit
- Lawful rent is $1,108.35
- Tenant paid $2,180.00 since application filed
- Rent arrears of $9,010.10 as of June 30, 2024
- N5 and N7 notices lack specific details
Case Study
The Landlord's N5 and N7 notices were found to lack sufficient specificity regarding allegations of noise, smoking, and safety impairment, leading to dismissal of the L2 application.
Arguments and Actions
Landlord
Actions
Landlord filed L1 and L2 applications based on non-payment of rent and alleged substantial interference.
Procedural Errors
Insufficient details in N5 and N7 notices
Tenant
Actions
Tenant did not attend hearing, did not void N4 notice, and allegedly played loud music and smoked in the rental unit.
Decision Summary
Tenancy terminated unless Tenant voids order by paying $10,346.95 by July 27, 2024. If not voided, Tenant must pay $7,399.57 and vacate the unit. L2 application for substantial interference dismissed.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
91.5%
Tenant Favorable
8.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,108
Rent Arrears
$9,010
Application Fee
$201
Rent Deposit
$1,020
Deposit Interest
$112
Other Owed Amount
$28
NSF Charges
Total Owing
$7,400 (Owed to Landlord)
Source
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