Landlord Wins Non-payment Case: Wang v Rezaeizadeh 2023
North York tenants evicted for non-payment of rent, owe $5086 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 17 Kenaston Gardens, North York, ON M2K0B9
Decision in favor of
landlord
Balance Owed to Landlord
$5,086
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Aug 2023
Order Date
Aug 23, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,950 per month
- Tenants paid $6,750 since application filed
- Rent arrears of $3,000 as of hearing date
- Landlord incurred $186 application fee
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 extended void/termination date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord's agent had phone conversations with the Tenants on June 30 and July 25, 2023 to discuss a repayment plan, but no concrete plans were formed.
Tenant
Actions
Tenants paid $6,750 since the application was filed.
Decision Summary
The tenancy will be terminated on October 7, 2023 unless the tenants pay $5,136 by September 19, 2023 or $7,086 by October 7, 2023 to void the order. If the tenants do not pay, they must vacate the unit by October 7, 2023 and pay the landlord $5,085.75 plus daily compensation of $64.11 starting October 8, 2023.
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$3,000
Application Fee
$186
Rent Deposit
$1,950
Deposit Interest
$50
Total Owing
$5,086 (Owed to Landlord)
Source
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