Banken v Foggo: Non-payment of Rent and Personal Use Dispute in Mississauga
Mississauga tenant faces eviction for $19925 in rent arrears, landlord's personal use application dismissed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
5866 Shay Downs, Mississauga, ON L5M3G3
Decision in favor of
landlord
Balance Owed to Landlord
$20,111
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Oct 2022
Order Date
Nov 30, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord filed two applications: L1 for non-payment of rent and L2 for personal use of the rental unit. The L2 application was dismissed due to improper compensation payment. The L1 application was successful, resulting in an eviction order unless the Tenant pays the arrears.
Determinations
- L2 application dismissed due to late compensation payment
- Landlord served valid N4 and N12 notices
- Lawful rent is $1,675.00 due on 1st of each month
- No payments made since application filed
- Rent arrears calculation found to be correct
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
Case Study
The Tenant could have avoided eviction by paying rent on time or by providing evidence of payments made. The Landlord's L2 application failed due to not paying compensation by the required date, highlighting the importance of following proper procedures in landlord-tenant disputes.
Arguments and Actions
Landlord
Arguments
Landlord argued that rent arrears calculations were correct based on records when completing the L1 application.
Actions
Landlord has been living in a motel awaiting the vacating of the house, as evidenced by receipts provided to the Board.
Procedural Errors
Landlord failed to pay the N12 compensation to the Tenant on or before the termination date of April 30, 2022, resulting in dismissal of the L2 application.
Tenant
Arguments
Tenant's representative requested dismissal of L1 application, asserting incorrect rent arrears calculation.
Actions
Tenant has not made any payments since the application was filed and has accumulated significant rent arrears.
Decision Summary
The Landlord's L2 application for personal use was dismissed due to improper compensation payment. The L1 application for non-payment of rent was successful. The tenancy is terminated unless the Tenant pays $20,111.00 by December 10, 2022. If not paid, the Tenant must vacate by December 11, 2022, and pay $17,752.26 plus $55.07 per day from October 19, 2022, until move-out.
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,675
Rent Arrears
$19,925
Application Fee
$186
Total Owing
$20,111 (Owed to Landlord)
Source
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