Landlord Wins Rent Arrears Case: Borrovic Ramos v Mihalovics 2024
Etobicoke tenants ordered to pay $19086 or face eviction for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
3 Clearbrooke Cir, Etobicoke, ON M9W2E2
Decision in favor of
landlord
Balance Owed to Landlord
$19,086
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Dec 2023
Order Date
Jan 18, 2024
Tenancy End Date
Jan 2024
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,100 due on 1st of each month
- Rent arrears of $16,800 as of 2023-12-31
- Landlord incurred $186 in filing fees
Case Study
The reason I have not ordered a conditional payment plan as the Tenants requested, is because a payment plan would be unrealistic according to the Tenants' budget and the financial hardship to the Landlord.
Arguments and Actions
Landlord
Aggravating Factors
The Landlord's Representative testified that the Tenants's non-payment of rent was making it challenging for the Landlord to meet the financial carrying costs for the property, and the Landlord had to re-mortgage the property, not to lose it, due to the Tenants's non-payment of rent.
Tenant
Actions
The Tenants testified that she wanted to continue to live there and was hoping for a payment plan instead of eviction.
Aggravating Factors
The Tenants lives there with her 1 child. The household income comes through a combination of Ontario Works, Child Tax Credit and the combined net monthly income is approximately $2020.00 per month.
Decision Summary
The tenancy will be terminated unless the Tenants pay $19,086 to void the order by January 29, 2024. If the Tenants do not pay, they must vacate the unit by January 29, 2024 and pay the Landlord $16,197.76 in rent arrears and application fees, plus $69.04 per day in compensation for continued occupancy.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$2,100
Rent Arrears
$16,800
Application Fee
$186
Total Owing
$19,086 (Owed to Landlord)
Source
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