Landlord Wins Eviction Case Against Non-Paying Tenant in York, Ontario: Brosko Property Management Limited v Green 2022
LTB Upholds Landlord's Eviction Order in $11K Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
405 Bathurst Street, York, ON M5P3J9
Decision in favor of
landlord
Balance Owed to Landlord
$11,365
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Nov 2022
Order Date
Nov 7, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant claimed he was not reasonably able to participate in the original hearing due to a broken mailbox, and that the Landlord would not accept cash or e-transfers. However, the evidence showed the Tenant paid rent by cheque, and the Landlord had entered into a repayment agreement with the Tenant, which the Tenant breached.
Determinations
- Landlord entered into repayment agreement with Tenant, which Tenant breached
- Tenant claims Landlord would not accept cash or e-transfers, but evidence shows Tenant paid by cheque
- Tenant claims he was not reasonably able to participate due to broken mailbox
- Tenant owed $11,365.36 when original order was issued, and has made no payments since
- Tenant's testimony about having thousands of dollars to pay was inconsistent
Case Study
The Tenant's reasons for not attending the original hearing were not found to be credible, and the Landlord had attempted to work with the Tenant through a repayment agreement, which the Tenant breached. The Tenant's testimony about having thousands of dollars to pay towards the arrears was inconsistent, and the Tenant could not afford a repayment plan that would pay off the debt in a reasonable period of time.
Arguments and Actions
Landlord
Actions
Landlord entered into a repayment agreement with Tenant, which Tenant breached. Landlord's representative testified Tenant told them a couple months ago that he had $8,000 to pay towards the arrears.
Tenant
Actions
Tenant claims he was not reasonably able to participate due to broken mailbox, and that Landlord would not accept cash or e-transfers. Tenant testified he had $4,000 to $5,000 to pay, but later said he gave it to a friend to hold.
Decision Summary
The request to review the original order is denied. The original order is confirmed and remains unchanged. The interim order issued on October 17, 2022 is cancelled, and the stay of the original order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,089
Rent Arrears
$11,365
Total Owing
$11,365 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.