Landlords Win Eviction Case Against Non-Paying Tenants in Brampton: Bhatia v Bassi 2021
Brampton landlords awarded $26127 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
17 Pelliegrino Road, Brampton, ON L7A4M8
Decision in favor of
landlord
Balance Owed to Landlord
$26,127
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Aug 6, 2021
Tenancy End Date
Aug 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 did not pay rent from November 1, 2020 to June 30, 2021
- Landlords served valid N4 Notice
- Tenants in possession on application date
- Monthly rent is $3,200
- Landlords held $3,200 rent deposit
- Landlords owed interest on rent deposit from July 11, 2020 to November 26, 2020
- No payments made by Tenants after application filed
Case Study
The Tenants were unable to provide any evidence to support their claim that they had made cash payments to the Landlords. The Landlords submitted an L1/L9 update form as evidence that no payments had been made after the application was filed. Considering the impact of the COVID-19 pandemic and the Landlords' attempts to negotiate a payment plan, the adjudicator found it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants claimed they made cash payments to the Landlords, but could not provide any evidence to support this.
Decision Summary
The tenancy is terminated effective August 17, 2021. The Tenants must pay the Landlords $26,126.66, which includes rent arrears up to the termination date, compensation for use of the unit, and the application filing fee, less the rent deposit and interest owed on the deposit. If the Tenants do not pay the full amount by August 17, 2021, they will owe interest and the Landlords can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$26,000
Application Fee
$186
Rent Deposit
$3,200
Deposit Interest
$27
Total Owing
$26,127 (Owed to Landlord)
Source
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