Landlord Wins Eviction Case Against Non-Paying Tenants in Mississauga: Capreit Limited Partnership v Lima 2021
Mississauga landlord awarded $9499 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
410 Sherobee Road, Mississauga, ON L5A 4C4
Decision in favor of
landlord
Balance Owed to Landlord
$9,500
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2021
Hearing Date
Jul 2021
Order Date
Nov 22, 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 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
- Tenants have not paid rent from February 1, 2021 to July 31, 2021
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession of rental unit
- Lawful monthly rent is $2,319.94
- Landlord collected $2,319.94 rent deposit
- Tenants paid $10,679.82 after application filed
- Unfair to grant relief from eviction
Case Study
The Tenants have not paid the total rent they were required to pay for the period from February 1, 2021 to July 31, 2021. The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants are in possession of the rental unit. The Landlord collected a rent deposit from the Tenants, which is still being held. The Tenants paid $10,679.82 after the application was filed. The adjudicator considered the impact of COVID-19 on the parties and the Landlord's attempt to negotiate a repayment agreement, but found it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent from February 1, 2021 to July 31, 2021.
Decision Summary
The tenancy is terminated effective December 3, 2021. The Tenants must pay the Landlord $9,499.79, which includes rent arrears up to November 22, 2021 and the cost of filing the application, minus the rent deposit. The Tenants must also pay $76.27 per day for compensation for use of the unit starting November 23, 2021 until they move out. If the Tenants do not pay the full amount by December 3, 2021, they will owe interest. If the unit is not vacated by December 3, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,320
Rent Arrears
$12,520
Application Fee
$186
Rent Deposit
$2,320
Total Owing
$9,500 (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.