Landlord Wins Non-payment Case: Starlight Blackstar OPCO 2 ULC v Kayode Nana 2023
North York tenant given conditional relief to avoid eviction for non-payment of $1313 rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1465 Lawrence Ave W, North York, ON M6L1B2
Decision in favor of
landlord
Balance Owed to Tenant
-$697
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 20, 2023
Tenancy End Date
Jun 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 due on 1st of each month
- Tenant paid $9,000 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 and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the Tenant pays the outstanding rent arrears by that date. The Tenant may void the order and continue the tenancy by paying the outstanding amount by April 30, May 31, or June 30, 2023. If the Tenant does not pay the required amount, they must move out by June 30, 2023.
Reason for Eviction Relief
to allow the Tenant time to pay the outstanding rent
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
$1,102
Rent Arrears
$1,127
Application Fee
$186
Rent Deposit
$1,153
Deposit Interest
$190
Total Owing
-$697 (Owed to Tenant)
Source
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