Landlord Wins Eviction Case Against Non-Paying Tenants in Brampton: Banerjee v Dodgson, Janssen 2022
Brampton landlord awarded $34842 in rent arrears and eviction order against non-paying tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
61 Viceroy Crescent, Brampton, ON L7A1R5
Decision in favor of
landlord
Balance Owed to Landlord
$34,842
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Sep 2021
Order Date
Mar 4, 2022
Tenancy End Date
Mar 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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
- Interest owed to Tenants on rent deposit from March 6, 2021 to June 30, 2021
- Landlord collected $3,800 rent deposit
- Landlord served valid N4 Notice
- Landlord's claim exceeds Board's monetary jurisdiction, but Landlord voluntarily waived the excess
- Monthly rent is $3,800
- Tenants did not pay rent from June 1, 2021 to September 30, 2021
- Tenants in possession on application date
- Tenants made no payments since application filed
- Unfair to grant relief from eviction under Section 83 of RTA
Case Study
The Tenants failed to pay the rent owed, and the Landlord properly served a valid N4 notice. The Tenants did not void the notice by paying the arrears, so the Landlord is entitled to the order for termination and eviction.
Arguments and Actions
Tenant
Actions
Tenants failed to pay rent from June 1, 2021 to September 30, 2021 and made no payments since the application was filed.
Decision Summary
The tenancy is terminated effective March 15, 2022. The Tenants must pay the Landlord $34,656.49, which includes rent arrears up to March 4, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $124.93 per day for compensation for use of the unit starting March 5, 2022 until they move out. If the full amount is not paid by March 15, 2022, the Landlord may file the order with the Sheriff for enforcement.
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
$3,800
Rent Arrears
$34,656
Application Fee
$186
Rent Deposit
$3,800
Deposit Interest
$1
Total Owing
$34,842 (Owed to Landlord)
Source
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