Landlord Wins Eviction Case Against Tenant in Arrears: CAPREIT v Cameron
Etobicoke landlord awarded eviction and $25951 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
625 Evans Ave, Etobicoke, ON M8W2W5
Decision in favor of
landlord
Balance Owed to Landlord
$25,951
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Oct 2022
Order Date
Nov 3, 2022
Tenancy End Date
Dec 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 application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Tenant did not have the financial means to pay the rent arrears and could not afford to live in the rental unit, but did not have any options for alternative accommodation. The Tenant requested relief by delay in eviction to February 2023, but the Landlord was willing to provide the Tenant opportunity to rectify the situation by postponing the eviction until December 31, 2022.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant did not communicate with the Landlord to work out a payment plan, she does not have the income to support the payment of rent and arrears, and owes the Landlord significant rent arrears.
Actions
Landlord was willing to provide the Tenant opportunity to rectify her situation with postponing the eviction until December 31, 2022.
Tenant
Arguments
Tenant requested relief by delay in eviction to February 2023, but the Landlord was willing to provide the Tenant opportunity to rectify the situation by postponing the eviction until December 31, 2022.
Actions
Tenant said she does not have the financial means to pay the arrears and cannot afford to live in the rental unit, but does not have any options for alternative accommodation. Tenant relies on disability income and does not have family or friends who could provide temporary housing.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $30,033.32 by November 30, 2022 or $31,805.28 by December 31, 2022. If the Tenant does not void the order, the Tenant must move out by December 31, 2022 and pay the Landlord $25,951.20, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,772
Rent Arrears
$28,075
Application Fee
$186
Rent Deposit
$1,772
Deposit Interest
$164
Total Owing
$25,951 (Owed to Landlord)
Source
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