Ranee Management v Onuwelu - LTB Ruling on Non-Payment of Rent
East York landlord wins non-payment case, tenants face eviction but given chance to void order by paying $5688 by April 30
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 104 Goodwood Park Court East, East York, ON M4C2G9
Decision in favor of
landlord
Balance Owed to Landlord
$3,880
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 25, 2024
Tenancy End Date
Jun 2024
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 tenant Margaret Babalola was added as a party to the application.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $5,747.54 since application filed
Arguments and Actions
Landlord
Actions
Landlord submitted that the last time the Tenant was at a zero balance was in 2019 and the Tenant's testimony regarding her income and expenses establishes that she cannot afford the tenancy.
Tenant
Actions
Tenant lost her job in 2022 and started a new job on December 4, 2023. She proposed a repayment plan to pay $150 per month.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $5,688.02 by April 30, 2024, $6,970.57 by May 31, 2024, or $8,253.12 by June 30, 2024. If the Tenant does not void the order, they must move out by June 30, 2024 and pay the Landlord $3,880.43 plus daily compensation of $42.17 from April 19, 2024 until the move-out date.
Reason for Eviction Relief
Consideration of the large amount the Tenant had paid since the application was filed, and to provide the Tenant with some time to obtain a loan or organize her move.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$1,283
Rent Arrears
$11,250
Application Fee
$186
Rent Deposit
$1,251
Deposit Interest
$33
Total Owing
$3,880 (Owed to Landlord)
Source
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