Landlord Wins Eviction Case Against Non-Paying Tenants in Etobicoke: Capreit Limited Partnership v Crawford and De La Fuente 2021
Landlord awarded $6500 in rent arrears, tenants evicted from Etobicoke rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 55 Bridesburg Drive, Etobicoke, ON M9R2K7
Decision in favor of
landlord
Balance Owed to Landlord
$6,504
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Jul 2021
Order Date
Aug 9, 2021
Tenancy End Date
Aug 2021
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,376.45 per month
- Landlord holds $1,376.45 rent deposit
- Interest owed on rent deposit from 2020-04-01 to 2021-02-01
- Tenants paid $2,000 after application filed
Case Study
The Tenants have not paid the total rent they were required to pay for the period from January 1, 2021 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective February 1, 2021. The Tenants are in possession of the rental unit. The lawful monthly rent is $1,376.45. The Landlord collected a rent deposit of $1,376.45 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from April 1, 2020 to February 1, 2021. The Tenants paid $2,000.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective August 20, 2021. The Tenants must pay the Landlord $6,503.73, which includes rent arrears up to August 9, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $45.25 per day for compensation for use of the unit starting August 10, 2021 until they move out. If the Tenants do not pay the full amount by August 20, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by August 20, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
96.5%
Tenant Favorable
1.2%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,376
Rent Arrears
$8,552
Application Fee
$186
Rent Deposit
$1,376
Deposit Interest
$1
Total Owing
$6,504 (Owed to Landlord)
Source
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