Case Study

Eviction Order for Non-payment of Rent

Ying Han vs. Michael Mitchell

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 30, 2023

Order Issued: March 24, 2023

Termination Date: April 4, 2023

Eviction Deadline: April 4, 2023

ℹ️ Case overview

Case Number: LTB-L-034379-22

Address: 1508, 75 ST NICHOLAS STREET, TORONTO ON M4Y0A5

Form Used: N4 Notice

Served By: Landlord

Amount Awarded: $24,629.99

Decision In Favor: Landlord

Application Type: Eviction for non-payment of rent

RTA Sections: Section 69, Section 83(1), Section 83(2), Section 74(11)

👥 Parties involved

Landlord: Ying Han

Landlord Rep: Jonathan Fon

Tenant: Michael Mitchell

Tenant Rep: Self Represented

Adjudicator: Nicole Huneault

Keywords: eviction, non-payment of rent, rent arrears, videoconference hearing, financial hardship

⚖️ Decision summary

Tenancy terminated unless Tenant pays $29,936.00 by March 31, 2023.
Tenant owes $24,629.99 including rent arrears and costs, after deductions.

⚠️ Dispute summary

Tenant cited job loss and financial struggles; Landlord cited financial hardship due to unpaid rent.

📑 Findings & determinations

Tenant's failure to pay rent justified termination of tenancy.
No relief from eviction as per subsection 83(2) of the Residential Tenancies Act, 2006.

💡 Summary points

Tenant failed to pay rent leading to arrears of $26,250 as of January 31, 2023.
Landlord served a valid N4 Notice; Tenant did not void the notice by paying the arrears.
Tenant must vacate by April 4, 2023, unless the full amount of $29,936.00 is paid.

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eviction non-payment of rent rent arrears videoconference hearing financial hardship

🧑‍⚖️ Same adjudicator

Nicole Huneault

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Eviction for non-payment of rent