LandlordEzy
Case Study

Eviction Order for Non-Payment of Rent

Case LTB-L-030377-23 - Xu v Benayon

🕑 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

ℹ️ 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

Share this case

Facebook Twitter LinkedIn Instagram

🏷️ Related by keywords

eviction non-payment of rent rent arrears N4 notice videoconference hearing

Eviction Order for Non-payment of Rent

2803, 240 Wellesley St E, Toronto

Matched Keyword

LTB Order for Eviction and Payment of Rent Arrears

Case LTB-L-071895-22 Decision

Matched Keyword

Eviction Order for Non-Compliance with Termination Agreement

LTB Order Review: Montesano v Lolic

Matched Keyword

🧑‍⚖️ Same adjudicator

Elan Shemtov

Eviction Order for Non-payment of Rent

Luigi Filoso vs Carole Watts

Same Adjudicator

Eviction Order for Non-payment of Rent

Case LTB-L-072395-22

Same Adjudicator

Eviction Order for Non-payment of Rent

Case LTB-L-015328-23

Same Adjudicator

📂 Related by application type

Eviction for non-payment of rent

Consent Order for Tenant Eviction Due to Unpaid Rent

L3 Application, Case NOL-41895-21

Same Application Type

Eviction Order for Non-payment of Rent at 121 William St N

N4 Notice - Case LTB-L-004713-22

Same Application Type

Eviction Order for Non-payment of Rent

N4 Notice - Case LTB-L-005374-22

Same Application Type