Landlord Wins Eviction Case Against Tenant for Non-payment of Rent
Landlord awarded over $10000 in rent arrears after tenant breached previous LTB order in Scarborough
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 399 Markham Rd, Scarborough, ON M1J3C9
Decision in favor of
landlord
Balance Owed to Landlord
$10,346
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Dec 2023
Order Date
May 21, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay rent arrears as ordered in a previous LTB order. The Tenant had failed to pay the arrears by the due date specified in the previous order.
Determinations
- Tenant breached previous order by failing to pay arrears
- Tenant stopped paying rent and arrears after breach
- Tenant proposed payment plan but Landlord opposed
- Unfair to grant relief from eviction given circumstances
Arguments and Actions
Landlord
Actions
Landlord's Representative stated that after the breach, the Tenant stopped paying rent and arrears payments and continues to live in non-compliance with the conditions of the order. Landlord's Representative indicated that no one from Epic has contacted her in relation to this tenancy.
Tenant
Actions
Tenant stated he has attempted to comply with the previous order and that of the $23,235.40 that was ordered, the arrears are now $12,108.60. Tenant stated he was trying to work with Epic to get rent assistance and wants to stay at the rental unit.
Decision Summary
The Tenant breached a previous LTB order by failing to pay rent arrears by the due date. The Landlord's application to terminate the tenancy and evict the Tenant was granted. The Tenant must vacate the unit by June 15, 2024 and pay the Landlord $10,345.70 in arrears and daily compensation. If the Tenant does not pay the full amount by June 1, 2024, they will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
to give the Tenant time to pay down arrears and find new accommodations
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,876
Rent Arrears
$12,109
Rent Deposit
$1,700
Deposit Interest
$63
Total Owing
$10,346 (Owed to Landlord)
Source
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