Landlord Wins Non-payment Case: SHIPLAKE PROPERTIES LTD. v Di Feo 2023
Toronto tenants ordered to pay $5420 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 118 Balliol St, Toronto, ON M4S0A9
Decision in favor of
landlord
Balance Owed to Landlord
$5,420
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jun 30, 2023
Tenancy End Date
Jul 2023
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 tenants were still in possession of the rental unit at the time of the hearing.
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
- Tenants paid $7,820.52 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenants did not pay the rent arrears to void the N4 notice.
Decision Summary
The tenancy will be terminated if the tenants do not pay $8,016.52 by June 30, 2023 or $9,995.78 by July 11, 2023 to void the order. If the tenancy is terminated, the tenants must pay $5,419.70 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $65.07 for continued occupation of the unit.
Adjudicator Details
LTB Member
Total Orders
1055
Landlord Favorable
94.6%
Tenant Favorable
2.6%
Mutual Agreement
2.8%
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Financial Details
Lawful Rent
$1,979
Rent Arrears
$7,831
Application Fee
$186
Rent Deposit
$1,840
Deposit Interest
$14
Total Owing
$5,420 (Owed to Landlord)
Source
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