Landlord Wins Eviction Case: Starlight Blackstar OPCO 2 ULC v McLean 2023
North York tenant ordered to pay $52427 or vacate due to non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2220 Weston Rd, North York, ON M9N1Y6
Decision in favor of
landlord
Balance Owed to Landlord
$52,427
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Feb 2023
Order Date
May 5, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
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 is $1,820.58 per month
- Rent arrears owing to hearing date are $46,779.61
- Tenant paid $800 since application filed
- Landlord incurred $186 application filing fee
Case Study
The Tenant's nephew testified that the Tenant's expenses exceeded their income and a proposed repayment plan was not sufficient to pay the substantial rent arrears in a suitable timeframe. The tenancy was found to not be viable on a longer-term basis, and eviction was ordered.
Arguments and Actions
Tenant
Actions
Tenant's nephew testified that Tenant's monthly income is $2,700 and expenses exceed income, leaving no funds to pay rent or arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $52,427.35 to void the order by May 16, 2023. If the Tenant does not void the order, they must vacate the unit by May 16, 2023 and pay the Landlord $35,186.00 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,821
Rent Arrears
$46,780
Application Fee
$186
Rent Deposit
$1,799
Deposit Interest
$55
Total Owing
$52,427 (Owed to Landlord)
Source
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