Starlight Blackstar OPCO 2 ULC v Melinda Redhead - 2023 ONLTB 41622
Landlord wins $2643 rent dispute against North York tenant, who faces eviction if arrears not paid
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1450 Sheppard Ave W, North York, ON M3M2X1
Decision in favor of
landlord
Balance Owed to Landlord
$2,643
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
May 2023
Order Date
Jun 7, 2023
Tenancy End Date
Jun 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 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 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 $4,715 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant did not have the ability to pay off the arrears within a reasonable time frame, and the Landlord's attempts to negotiate a repayment plan were unsuccessful. Therefore, it would be unfair to grant relief from eviction.
Decision Summary
The tenancy will be terminated on June 18, 2023 unless the Tenant pays $4,825.90 to void the order and continue the tenancy. If the Tenant does not pay, the Tenant must move out by June 18, 2023 and pay the Landlord $2,643.33, plus daily compensation of $33.40 starting May 25, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,016
Rent Arrears
$3,624
Application Fee
$186
Rent Deposit
$943
Deposit Interest
$9
Total Owing
$2,643 (Owed to Landlord)
Source
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