Landlord Wins Eviction Case Against Tenants Who Refused to Pay Rent: Cheng Lin v Lan Gao and Yi Feng Fan 2021
Markham tenants ordered to pay $19719 for non-payment of rent, tenancy terminated
Summarized by RentZenLast updated: July 26, 2024
Case Summary
51 Aries Crescent, Markham, ON L6C 2B7
Decision in favor of
landlord
Balance Owed to Landlord
$19,720
Dispute Categories
Notices Sent
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Timeline
Application Date
Jul 2020
Tenancy End Date
Apr 2021
Hearing Date
Nov 2021
Order Date
Nov 29, 2021
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 vacated the rental unit on April 24, 2021, prior to the hearing date.
Determinations
- Tenants did not pay rent from May 1, 2019 to April 30, 2021
- Landlord served valid N4 Notice
- Tenants vacated on April 24, 2021
- Tenants were in possession on application date
- Monthly rent is $2,100
- Tenants made no payments since application filed
- Landlord collected $2,100 rent deposit
Case Study
The tenants received a reasonable opportunity to participate in the proceeding, but chose not to do so for strategic reasons.
Arguments and Actions
Landlord
Actions
Landlord attended the rental unit on April 21, 2021 and found considerable damage but no tenants.
Tenant
Actions
Tenants vacated the rental unit on April 24, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective April 24, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $19,719.63 to the landlord, which includes rent arrears up to the move-out date, compensation, and the cost of filing the application, less the rent deposit and interest on the deposit.
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
$2,100
Rent Arrears
$19,534
Application Fee
$186
Rent Deposit
$2,100
Deposit Interest
$140
Total Owing
$19,720 (Owed to Landlord)
Source
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