Landlord Wins Non-payment Case: Pimentel v Rebelo 2023
York tenants evicted for non-payment of rent, owe $21000 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
545 Northcliffe Blvd, York, ON M6E3L6
Decision in favor of
landlord
Balance Owed to Landlord
$21,000
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Aug 21, 2023
Tenancy End Date
Sep 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 still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,400 due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenant was still in possession of the rental unit on the hearing date, and the landlord was entitled to the rent arrears up to that date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Landlord
Actions
Landlord has been forced to withdraw from RRSP and apply for CPP earlier due to not receiving rental income.
Tenant
Actions
Tenant proposed a payment plan, but did not provide evidence of ability to obtain a bank loan or borrow from a friend.
Decision Summary
The tenancy is terminated unless the tenant pays $26,186 by August 31, 2023 or $27,586 by September 1, 2023 to void the order. If the tenant does not void the order, they must pay $21,000.27 in rent arrears and compensation for use of the unit until move-out.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$21,800
Application Fee
$186
Total Owing
$21,000 (Owed to Landlord)
Source
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