Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto: Baboulas v Jilkes 2021
Toronto landlord awarded $15780 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
37 Fielding Avenue, Toronto, ON M4J1R4
Decision in favor of
landlord
Balance Owed to Landlord
$15,780
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jul 2021
Order Date
Jul 27, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Landlord also filed a N12 notice to end the tenancy for personal use.
Determinations
- Tenant has not paid rent from July 1, 2020 to July 31, 2021
- Landlord served valid Notice of Termination effective October 26, 2020
- Tenant was in possession on application date
- Lawful monthly rent is $1,600.00
- Rent arrears outstanding to July 31, 2021 is $18,400.00
- Tenant has not paid any rent since application was filed
- Landlord is not holding a rent deposit
- Landlord incurred $201.00 in application filing costs
- Landlord offered to reduce arrears by $800.00 to end a rent dispute from July 2020
- Landlord filed N12 notice to end tenancy for personal use
- Tenant's Agent could not provide sufficient reasons Landlord was acting in bad faith
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2020 to July 31, 2021. The Landlord served a valid Notice of Termination effective October 26, 2020 due to the rent arrears. The Tenant was in possession of the rental unit on the date the application was filed. The Landlord is entitled to reimbursement of the $201.00 application filing costs. The Landlord offered to reduce the arrears by $800.00 to end a rent dispute from July 2020. The Landlord also filed a N12 notice to end the tenancy for personal use, and the Tenant's Agent could not provide sufficient reasons that the Landlord was acting in bad faith.
Arguments and Actions
Landlord
Actions
Landlord served valid N4 notice, filed N12 notice for personal use, and offered to reduce arrears by $800.
Tenant
Actions
Tenant did not pay rent from July 1, 2020 to July 31, 2021.
Decision Summary
The tenancy is terminated effective August 31, 2021. The Tenant must pay the Landlord $15,780.07, which represents the rent arrears and compensation up to July 27, 2021, less a $800 rent reduction and $1,600 compensation. The Tenant must also pay $52.60 per day for compensation for use of the unit starting July 28, 2021 until the Tenant moves out, as well as the $201 application filing fee. If the Tenant does not pay the full amount by August 31, 2021, the Tenant will owe interest starting September 1, 2021. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$18,400
Application Fee
$201
Other Owed Amount
$1,600
Compensation for use of unit from July 28, 2021
Total Owing
$15,780 (Owed to Landlord)
Source
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