Landlord Wins Non-payment Case: Toronto Community Housing Corporation v Francis 2024
North York tenant evicted for non-payment of rent, owes $596 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1 Driftwood Ave, North York, ON M3N2P8
Decision in favor of
landlord
Balance Owed to Landlord
$596
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Jun 2023
Order Date
Jan 5, 2024
Tenancy End Date
Jan 2024
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 not present at 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 $1,596 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 and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant has two teenage children and is a recipient of ODSP.
Decision Summary
The tenancy is terminated unless the Tenant pays $3,330 by January 16, 2024 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by January 16, 2024 and pay $596.30 in rent arrears and application fees.
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
$374
Rent Arrears
$526
Application Fee
$186
Total Owing
$596 (Owed to Landlord)
Source
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