Landlord Wins Eviction Case Against Non-Paying Tenant in Scarborough: D.D. Acquisition Partnership v Adams 2023
Scarborough tenant ordered to pay $20027 in rent arrears or face eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
404 Birchmount Rd, Scarborough, ON M1P2G4
Decision in favor of
landlord
Balance Owed to Landlord
$20,027
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Jan 2023
Order Date
Jan 19, 2023
Tenancy End Date
Feb 2023
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,977 rent deposit and $37.78 in interest
- Landlord incurred $186 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $2,000.72 per month
- Rent arrears owing to January 31, 2023 are $19,841.16
- Tenant did not void notice by paying arrears
- Tenant has not made any payments since application filed
- Tenant in possession on application date
Case Study
The Tenant's request for an adjournment was denied as the Tenant had over 2 months to prepare and disclose any issues, and the rent arrears were substantial with no payments made in 10 months. The Landlord was entitled to a standard termination order, but the eviction was postponed to February 15, 2023 due to the Tenant's recent childbirth and small children.
Arguments and Actions
Landlord
Arguments
Landlord requests standard termination order, stating Tenant's income is insufficient to pay rent and Tenant has failed to make any payment since March 2022.
Tenant
Arguments
Tenant requests 6 more months to pay off arrears without fees or interest.
Actions
Tenant admits to not paying rent since March 2022, alleging maintenance issues. Tenant says she does not have sufficient funds to pay the arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $20,027.16 by January 31, 2023 or $22,027.88 by February 15, 2023 to void the order. If the Tenant does not pay, they must vacate by February 15, 2023 and pay $16,274.78 plus daily compensation of $65.78 from January 5, 2023.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$19,841
Application Fee
$186
Rent Deposit
$1,977
Deposit Interest
$38
Total Owing
$20,027 (Owed to Landlord)
Source
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