STARLIGHT BLACKSTAR OPCO 2 ULC v Wilson - LTB Ruling on Non-Payment of Rent
Landlord granted conditional relief from eviction in Scarborough non-payment of rent case, tenants ordered to pay $18202 in arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 750 Morningside Ave, Scarborough, ON M1C3A1
Decision in favor of
landlord
Balance Owed to Landlord
$18,202
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Aug 30, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants did not pay the rent that the Tenants owe.
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 $8,400.78 since application filed
- Rent arrears owing to April 30, 2023 are $18,016.47
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,134.46 rent deposit
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the rent arrears. As of the hearing date, the Tenants were still in possession of the rental unit. The Landlord is entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The Tenants shall pay the Landlord $18,202.47 for rent arrears and costs in accordance with a payment schedule. The Tenants shall also pay new rent on time and in full until the arrears are paid. If the Tenants fail to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Tenants proposed a viable payment plan to pay off arrears over 34 months, considering their hardships due to COVID-19 and the impact of eviction on them and their children
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,213
Rent Arrears
$18,016
Application Fee
$186
Rent Deposit
$1,134
Total Owing
$18,202 (Owed to Landlord)
Source
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