Case Timeline
Application Date: Date not provided
Hearing Date: August 14, 2023
Order Issued: September 28, 2023
Termination Date: October 9, 2023
Eviction Deadline: October 9, 2023
Case Overview
Case Number: LTB-L-030377-23
Address: 94 DRIZZEL CRES, RICHMOND HILL ON L4E1G8
Form Used: N4 Notice
Served By: Sticking the document on the door and notifying by text messages
Amount Awarded: $26,457.50
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 191(2), Section 83(1), Section 83(2), Section 74(11)
Parties Involved
Landlord: Huifen Xu
Landlord Rep: Self Represented
Tenant: Albert Benayon and Jessica Benayon
Tenant Rep: Albert Benayon
Adjudicator: Elan Shemtov
Keywords: eviction, non-payment of rent, rent arrears, N4 notice, videoconference hearing
Decision Summary
Tenancy terminated unless Tenants pay $33,601 by September 30, 2023, or $36,351 by October 9, 2023.
Tenants must vacate by October 9, 2023, if conditions not met.
Landlord awarded costs and compensation.
Dispute Summary
Dispute over non-payment of rent.
Invalid initial service of N4 notice, but deemed received.
Tenants proposed insufficient payment plan.
Findings & Determinations
N4 notice validly served.
Tenants did not void the notice by paying the rent arrears.
Unfair to grant relief from eviction based on tenants' circumstances and behavior.
Summary Points
Tenants failed to pay rent leading to arrears of $30,650 as of the hearing date.
Landlord served an N4 notice which was deemed validly served.
No relief from eviction granted due to tenants' financial mismanagement.
View Official PDF
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