Precise Pro Customs Inc v Ashby - LTB Ruling on Non-payment of Rent
Toronto landlord wins $11000 rent dispute, tenant evicted for non-payment
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 138 Gradwell Dr, Toronto, ON M1M2N2
Decision in favor of
landlord
Balance Owed to Landlord
$8,554
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Aug 23, 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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $6,550 since application filed
- Rent arrears owing to June 30, 2023 are $11,000
- Landlord incurred $186 application filing fee
- Landlord holds $2,420 rent deposit
- Interest on rent deposit is $81.55
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord argued that it fixed the issues in a timely manner and that the Tenant is responsible for the first $500 of repairs.
Actions
Landlord claims only the dryer was broken and Tenant refused to pay the $500 deductible. Landlord asserts basement flood was Tenant's fault.
Tenant
Arguments
Tenant argued that the lease term requiring them to pay the first $500 for repairs is void and unenforceable.
Actions
Tenant claims appliances were broken and kitchen sink was leaking, but did not pay for repairs as required by lease.
Decision Summary
The tenancy will be terminated if the Tenant does not pay $8,553.50 by August 31, 2023 or $10,503.50 by September 3, 2023 to void the order. If the Tenant does not void the order, they must pay $586.61 to the Landlord and vacate the unit by September 3, 2023. The Landlord must fix the dryer and kitchen sink by August 31, 2023.
Reason for Eviction Relief
The Tenant can void the order by paying the required amount
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,950
Rent Arrears
$11,000
Application Fee
$186
Rent Deposit
$2,420
Deposit Interest
$82
Total Owing
$8,554 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.