Landlord Wins Eviction Case Against Non-Paying Tenants in Etobicoke: Clark v Perez, Heffernan 2021
Etobicoke landlord awarded $35186 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2261 Lake Shore Boulevard W, Etobicoke, ON M8V3X1
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
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Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Oct 20, 2021
Tenancy End Date
Oct 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.
Determinations
- Landlord elected to proceed with application for rent arrears
- Tenants not required to void order, but have right to preserve tenancy
- Tenants did not pay full rent from December 2019 to October 2021
- Landlord served valid N4 Notice
- Tenant JH agreed with Landlord's evidence of rent arrears
- Landlord collected $3,499 rent deposit, interest owed to Tenants
- Landlord attempted to resolve rent arrears with Tenants
- Unfair to grant relief from eviction under subsection 83(1)
Case Study
The Landlord's right to claim an amount of rent arrears in excess of the Board's $35,000.00 monetary jurisdiction is extinguished, pursuant to subsection 207(3) of the Residential Tenancies Act, 2006 (the 'Act'). The Act also limits the amount of rent arrears the Tenants must pay to preserve the tenancy to $35,000.00. The Tenants have not paid the total rent they were required to pay, and the Landlord served a valid Notice of Termination. It would be unfair to grant relief from eviction under subsection 83(1) of the Act.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent from December 2019 to October 2021.
Decision Summary
The tenancy is terminated effective October 31, 2021. The Tenants must pay the Landlord $35,186, which includes rent arrears up to October 20, 2021 and the application filing fee, minus the rent deposit and interest. If the Tenants do not pay the full amount by October 31, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Rent Arrears
$50,677
Application Fee
$186
Rent Deposit
$3,499
Deposit Interest
$72
Total Owing
$35,186 (Owed to Landlord)
Source
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