Landlord Wins Non-payment Case: Suite Jane Apartments v Lowe 2023
Toronto tenant evicted for non-payment of rent, owes $3975 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 900 Jane Street, Toronto, ON M6N2N8
Decision in favor of
landlord
Balance Owed to Landlord
$3,975
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 21, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served 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 due on 1st of each month
- Tenant paid $6,877.39 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant was the sole occupant since 2020, and needs until August 31, 2023 to move out as the place he found fell through.
Decision Summary
The tenancy is terminated effective August 31, 2023. The Tenant must pay the Landlord $3,975.44, 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. If the Tenant fails to pay the July 2023 rent by July 7, 2023, the Landlord may apply to terminate the tenancy earlier.
Reason for Eviction Relief
Tenant needs more time to move out
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,329
Rent Arrears
$4,930
Application Fee
$186
Rent Deposit
$750
Deposit Interest
$23
Total Owing
$3,975 (Owed to Landlord)
Source
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