Dai v FARHANGI: $53904 Rent Arrears Case in North York, ON
Tenants in North York ordered to pay $35000 in rent arrears or face eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1 Canfield Pl, North York, ON M3B2V5
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Sep 2022
Order Date
Oct 27, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord also claimed charges related to NSF cheques. The Tenants owed significant rent arrears and had not made any payments since the application was filed.
Determinations
- Landlord agreed to $35,000.00 jurisdiction limit
- Landlord collected $3,980.00 rent deposit
- Landlord entitled to $14.00 for NSF cheque fees
- Landlord incurred $201.00 for filing application
- Landlord served valid N4 Notice
- Lawful rent is $4,121.00 due on 1st of each month
- No payments made since application filed
- Previous maintenance issues resolved per Board order TNT-36210-21
- Rent arrears to September 30, 2022 are $53,904.00
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
- Tenants' request for arrears reduction and payment plan denied
Case Study
The Tenants could have potentially avoided eviction by proposing a viable payment plan and demonstrating their ability to pay ongoing rent. They could have also presented evidence of financial hardship due to COVID-19 that might have persuaded the Board to grant relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord agreed to limit the Board's jurisdiction to $35,000.00, potentially forfeiting a significant portion of the total arrears owed.
Actions
Landlord withdrew the L2 application at the outset of the hearing.
Tenant
Arguments
Tenants cited personal circumstances arising from COVID-19 as a reason for their inability to pay rent.
Actions
Tenants testified about maintenance issues that had been resolved. They asked the Board to consider reducing arrears and directing a payment plan to be completed by March 2023, but did not propose a specific plan.
Aggravating Factors
Tenants had not made any rent payments in the current year, even after maintenance issues were resolved.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying $35,000.00 (the Board's jurisdictional limit) by November 14, 2022. If not voided, the Tenants must move out by November 14, 2022, and pay $35,000.00 to the Landlord. The Tenants are also ordered to pay $135.48 per day for use of the unit from September 2, 2022, until they move out.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$4,121
Rent Arrears
$53,904
Application Fee
$201
Rent Deposit
$3,980
Other Owed Amount
$14
NSF cheque fees
Total Owing
$35,000 (Owed to Landlord)
Source
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