Landlord Wins Non-payment Case: Emami-Agah v Edwards 2023
Pickering tenant ordered to pay $16361 or face eviction for non-payment of rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
38 Rosefield Rd, Pickering, ON L1V3A9
Decision in favor of
landlord
Balance Owed to Landlord
$16,361
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Jan 2023
Order Date
Mar 15, 2023
Tenancy End Date
Apr 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 Notice to End Tenancy Early for Non-payment of Rent (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 served valid N4 Notice
- Lawful rent is $1,800 due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
Case Study
The tenancy is no longer viable as the tenant no longer has the financial means to meet the rent payment obligations. Continuing the tenancy would be unduly prejudicial to the landlord. However, the eviction is postponed to April 30, 2023 to give the tenant time to find alternative housing due to her disability-related issues.
Arguments and Actions
Tenant
Arguments
Tenant asks the Board to consider her disability status, length of tenancy since 2012, and need for extra time to find alternative housing.
Actions
Tenant fell into arrears during the COVID-19 pandemic when another occupant who contributed to rent moved out. Tenant's limited income from ODSP left her unable to meet rent obligations.
Decision Summary
The tenancy is terminated unless the tenant pays $21,486 by March 31, 2023 or $23,286 by April 30, 2023 to void the order. If the tenant does not void the order, the tenant must move out by April 30, 2023 and pay the landlord $16,360.71, plus daily compensation of $59.18 from January 31, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$17,700
Application Fee
$186
Rent Deposit
$1,275
Deposit Interest
$225
Total Owing
$16,361 (Owed to Landlord)
Source
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