Starlight Canadian Residential Growth Fund 2 v Scantlebury - LTB Ruling on Non-payment of Rent
Landlord wins eviction case against Scarborough tenant for $2636 in unpaid rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
420 Morningside Ave, Scarborough, ON M1E3E3
Decision in favor of
landlord
Balance Owed to Landlord
$1,275
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Aug 2022
Order Date
Jan 12, 2023
Tenancy End Date
Jan 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 $5,792.88 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.
Decision Summary
The tenancy will be terminated on January 23, 2023, unless the Tenant pays $8,433.28 to void the order and continue the tenancy. If the Tenant does not void the order, the Tenant must pay $1,274.58 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 Tenant must also pay daily compensation of $36.90 for continued occupation of the unit.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,122
Rent Arrears
$2,636
Application Fee
$186
Rent Deposit
$1,045
Deposit Interest
$8
Total Owing
$1,275 (Owed to Landlord)
Source
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