Landlords Win Eviction Case Against Tenants Owing $35000 in Rent Arrears: Ahluwalia v Quinn 2021
Toronto landlords awarded $35000 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
3801 John Street, Toronto, ON M5V3X4
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Sep 2021
Order Date
Sep 30, 2021
Tenancy End Date
Sep 2021
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants have not paid total rent owed from August 1, 2020 to September 30, 2021
- Landlords served valid N4 Notice due to rent arrears
- Tenants in possession of rental unit
- Lease agreement indicated monthly rent of $5,800, temporarily reduced by $1,000
- Tenants paid $4,000 after application filed
- Total arrears of $58,100 exceeds Board's jurisdiction, Landlord waived arrears over $35,000
- Parties agreed to terminate tenancy as of September 30, 2021
Case Study
The Tenants have not paid the total rent they were required to pay for the period from August 1, 2020 to September 30, 2021. The Landlords served a valid Notice of Termination effective November 4, 2020 due to the rent arrears. The Tenants are in possession of the rental unit. The lease agreement indicated a monthly rent of $5,800, which was temporarily reduced by $1,000 due to the Tenants' financial distress. The Tenants paid $4,000 after the application was filed. The total arrears owing for the period ending September 30, 2021 is $58,100, which exceeds the Board's jurisdiction. The Landlord waived the arrears in excess of $35,000. On consent, the parties requested a final, non-voidable termination of this tenancy based on their agreement to terminate the tenancy as of September 30, 2021.
Decision Summary
The tenancy is terminated effective September 30, 2021. The Tenants must pay the Landlords $35,000 in rent arrears and compensation, as well as $157.81 per day for use of the unit from October 1, 2021 until the Tenants move out. The Tenants must also pay the $186 application fee. If the Tenants do not pay the full amount by October 17, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by September 30, 2021, the Landlords may file the order with the Court Enforcement Office for enforcement starting October 6, 2021.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$5,800
Rent Arrears
$35,000
Application Fee
$186
Other Owed Amount
$23,100
Compensation for use of unit from October 1, 2021 to move-out date
Total Owing
$35,186 (Owed to Landlord)
Source
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