Landlord Wins Non-payment Case: Wang v Atrzadeh 2024
Etobicoke tenant ordered to pay $11071 in rent arrears or vacate by April 1
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2902 10 Park Lawn Rd, Etobicoke, ON M8V0H9
Decision in favor of
landlord
Balance Owed to Landlord
$11,071
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Order Date
Mar 20, 2024
Tenancy End Date
Apr 2024
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 and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,177 per month
- Daily rent/compensation is $71.57
- Tenant has not made any payments since application
Arguments and Actions
Landlord
Actions
Landlord testified that she is struggling financially to pay her mortgage due to the Tenant's history of non-payment and having used all of her savings to recently purchase her home.
Tenant
Actions
Tenant testified that arrears began to accumulate after he got into an accident around August 2023, and because he currently does not work due to having to care for his partner who has a medical condition.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $13,248 by March 31, 2024 or $15,425 by April 1, 2024. If the Tenant does not void the order, the Tenant must pay $11,071 to the Landlord and vacate the unit by April 1, 2024.
Reason for Eviction Relief
Tenant's personal circumstances and Landlord's financial hardship
Adjudicator Details
LTB Member
Total Orders
28
Landlord Favorable
78.6%
Tenant Favorable
17.9%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$2,177
Rent Arrears
$10,885
Application Fee
$186
Total Owing
$11,071 (Owed to Landlord)
Source
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