Landlord Wins Eviction Case Against Tenants Owing $21600 in Rent Arrears: Das v Rahman 2023
Scarborough landlord awarded $21600 in rent arrears, tenants ordered to pay or vacate by June 30
Summarized by RentZenLast updated: August 6, 2024
Case Summary
28 Shirley Cres, Scarborough, ON M1M1L1
Decision in favor of
landlord
Balance Owed to Landlord
$27,186
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jun 2, 2023
Tenancy End Date
Jun 2023
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 were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,700 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord objected to the tenants' request for an extended termination date, stating they needed financial support as well and the tenants owe significant arrears.
Tenant
Actions
Tenant S Khanam testified that she applied for subsidized housing in August 2022 but has not received a response. There are 3 children in the rental unit, one with special needs.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the tenants pay $27,186 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $17,449.54 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants will also owe daily compensation of $88.77 per day for use of the unit starting April 14, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$21,600
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$90
Total Owing
$27,186 (Owed to Landlord)
Source
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