Landlord Wins Non-payment Case: Oryem v McCarthy 2023
Scarborough tenant evicted for $12000 in rent arrears, ordered to pay $10831 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 45 Trinnell Blvd, Scarborough, ON M1L1S4
Decision in favor of
landlord
Balance Owed to Landlord
$10,831
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Feb 2023
Order Date
Mar 10, 2023
Tenancy End Date
Mar 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 $1,200 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears owing to 2023-02-28 are $12,000
- Landlord incurred $186 application filing fee
- Landlord holds $1,200 rent deposit with $19.66 interest
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. It would be unfair to grant relief from eviction under section 83(1) of the Residential Tenancies Act, 2006.
Decision Summary
The tenancy is terminated unless the Tenant pays $13,386 to void the order by March 21, 2023. If the Tenant does not void the order, the Tenant must pay $10,831.49 to the Landlord and vacate the unit by March 21, 2023. The Tenant will owe daily compensation of $39.45 for each day of occupation after February 28, 2023.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$12,000
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$20
Total Owing
$10,831 (Owed to Landlord)
Source
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