Landlord Wins Non-payment Case: Xu v George-Mccool 2024
North York tenants evicted for non-payment of $17256 rent, owe $13115 to landlord
Summarized by RentZenLast updated: September 23, 2024
Case Summary
22 Frederick Tisdale Dr, North York, ON M3K0B2
Decision in favor of
landlord
Balance Owed to Landlord
$13,115
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Jul 2024
Order Date
Aug 13, 2024
Tenancy End Date
Aug 2024
We estimate Application Date using rent arrears.
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. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 15th of each month
- No payments made 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 daily compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent and were still in possession of the rental unit at the time of the hearing.
Decision Summary
The tenancy will be terminated on August 24, 2024 unless the tenants pay $17,442 by August 14, 2024 or $20,330 by August 24, 2024 to void the order. If the tenancy is terminated, the tenants must pay $13,115.41 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 tenants must also pay daily compensation of $94.95 for each day of occupation starting July 31, 2024.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,888
Rent Arrears
$17,256
Application Fee
$186
Rent Deposit
$2,750
Deposit Interest
$208
Total Owing
$13,115 (Owed to Landlord)
Source
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