Landlord Wins Eviction Case Against Long-Term Tenant in Rent Dispute: Capreit Limited Partnership v Kim David 2021
Landlord wins eviction case against long-term tenant owing over $21000 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 64 Cassandra Boulevard, Toronto, ON M3A 1S6
Decision in favor of
landlord
Balance Owed to Landlord
$21,097
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2019
Hearing Date
Sep 2020
Order Date
Nov 29, 2021
Tenancy End Date
Dec 2021
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.
Determinations
- Tenant has not paid rent from December 1, 2019 to November 30, 2021
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession of rental unit
- Monthly rent is $1,417.49 effective February 1, 2020
- Landlord not holding last month's rent deposit
- Tenant paid $13,000 after application filed
- Total outstanding amount is $21,096.66
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from December 1, 2019 to November 30, 2021. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant is in possession of the rental unit. The Tenant proposed a one-year payment plan, but the adjudicator found it would be prejudicial and unfair to the Landlord to order such a plan with little prospect of compliance. However, the adjudicator granted the Tenant additional time to secure new accommodations.
Arguments and Actions
Landlord
Actions
Landlord sent three monthly reminders to the Tenant regarding the rent arrears.
Tenant
Arguments
Tenant proposed a one-year payment plan to pay $2,200 per month, including ongoing rent and $500 towards arrears.
Actions
Tenant has resided in the rental unit for 13-15 years, has a disabled 20-year-old grandniece living with her, and has been unable to work due to COVID-19 restrictions, but has recently returned to work.
Decision Summary
The tenancy is terminated effective December 31, 2021. The Tenant must pay the Landlord $20,850.68 in rent arrears and compensation, plus $46.60 per day starting November 30, 2021 until the Tenant vacates. The Tenant can void the eviction order by paying $21,096.66 on or before November 30, 2021, or $22,514.15 on or before December 31, 2021.
Adjudicator Details
LTB Member
Total Orders
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,417
Rent Arrears
$20,907
Application Fee
$190
Total Owing
$21,097 (Owed to Landlord)
Source
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