Landlord Wins Eviction Case Against Non-Paying Tenants in Toronto: Capreit Limited Partnership v Salian 2021
Toronto landlord wins eviction case against non-paying tenants, owed $13529
Summarized by RentZenLast updated: July 26, 2024
Case Summary
620 Murray Ross Parkway, Toronto, ON M3J2Z3
Decision in favor of
landlord
Balance Owed to Landlord
$13,529
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2020
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. The tenants had not paid rent from December 1, 2020 to July 31, 2021.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,482.56 per month
- No payments made since application filed
- Landlord holds $1,482.56 rent deposit
- Interest owed on rent deposit
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from December 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 31, 2021. The Tenants are in possession of the rental unit. The lawful monthly rent is $1,482.56. The Tenants have made no payments since the application was filed. The Landlord collected a rent deposit of $1,482.56 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 September 1, 2020 to January 31, 2021.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent from December 1, 2020 to July 31, 2021.
Decision Summary
The tenancy is terminated effective August 20, 2021. The Tenants must pay the Landlord $12,225.09, 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 $48.74 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 owe interest on the outstanding balance.
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
$1,483
Rent Arrears
$13,343
Application Fee
$186
Rent Deposit
$1,483
Deposit Interest
$1
Total Owing
$13,529 (Owed to Landlord)
Source
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