80 Thomas Mulholland Holdings Inc. v Yacouba - Landlord Wins Non-payment Case
Toronto landlord wins eviction case against tenant who filed for bankruptcy, owes $9600 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 80 Thomas Mulholland Dr, Toronto, ON M3K0A5
Decision in favor of
landlord
Balance Owed to Landlord
-$290
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2024
Hearing Date
May 2024
Order Date
Jun 28, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant had filed a consumer proposal under the Bankruptcy and Insolvency Act, which stayed the landlord's ability to recover the pre-filing rent arrears outside of the consumer proposal process.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant filed consumer proposal, stayed pre-filing arrears
- N4 Notice valid, application can seek post-filing arrears
- Lawful rent is $3,200 per month, due on 1st
- Tenant paid $4,900 since application filed
- Rent arrears from March 1, 2024 to May 31, 2024 is $9,600
Arguments and Actions
Landlord
Arguments
Landlord's legal representative submitted that given the exorbitant nature of the arrears and the financial prejudice to the Landlord, and the Tenant's filing of a consumer proposal which blindsided the Landlord, the Landlord was seeking a standard eviction order.
Actions
Landlord's legal representative submitted that the parties attempted to work out a payment plan prior to and since the application was filed, but a payment plan was not viable given the Tenant's current circumstances.
Tenant
Actions
Tenant testified he entered into a consumer proposal under the Bankruptcy and Insolvency Act on February 13, 2024. Tenant understood tenancy was not viable and requested 4 months to vacate to save for first and last month's rent.
Decision Summary
The landlord's application to terminate the tenancy and evict the tenant for non-payment of rent is granted, unless the tenant voids the order by paying the outstanding rent arrears of $8,086 by June 30, 2024 or $11,286 by July 9, 2024. The tenant filed a consumer proposal under the Bankruptcy and Insolvency Act, which stayed the landlord's ability to recover the pre-filing rent arrears outside of the consumer proposal process. However, the landlord can seek eviction and post-filing arrears, as the N4 notice was valid when served. The tenant requested 4 months to vacate, but the adjudicator found this unreasonable given the substantial arrears.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
95.0%
Tenant Favorable
5.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$9,600
Application Fee
$186
Rent Deposit
$3,200
Deposit Interest
$143
Total Owing
-$290 (Owed to Landlord)
Source
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