Landlord Wins Eviction Case Against Tenants Owing $16816 in Rent Arrears: Fernandes v Kalaichelvan 2024
Mississauga tenants ordered to pay $16719 in rent arrears or face eviction
Summarized by RentZenLast updated: August 6, 2024
Case Summary
2891 Rio Crt, Mississauga, ON L5M0S3
Decision in favor of
landlord
Balance Owed to Landlords
$16,719
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
May 6, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlords 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
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
- Lawful rent is $1,588.75 due on 1st of each month
- Rent arrears of $16,816.25 as of hearing date
- Landlords incurred $186 in application filing fees
Case Study
The Tenants' maintenance issues under section 82 were not considered as they did not comply with the Board's disclosure rules. However, the Tenants' testimony on ongoing maintenance issues was still heard under section 83(3)(a). The issues raised did not deprive the Tenants of the full use of the premises or cause a serious health or safety concern, so mandatory relief from eviction was not warranted. A short postponement of the eviction until May 31, 2024 was granted considering the Tenants' financial circumstances and the Landlords' prejudice from the large and increasing arrears.
Arguments and Actions
Landlord
Aggravating Factors
Landlords' family is experiencing financial strain and health issues due to the large and increasing rent arrears.
Tenant
Actions
Tenant Ponnudurai Kalaichelvan testified about ongoing maintenance issues in the rental unit.
Procedural Errors
Tenants did not comply with disclosure rules for maintenance issues.
Aggravating Factors
Tenants have no means to repay the arrears, rely on ODSP, and have children in universities which limits their housing options.
Decision Summary
The tenancy will be terminated on May 31, 2024 unless the Tenants pay $20,179.75 to void the order and continue the tenancy. If the Tenants do not pay, they must vacate the unit by May 31, 2024 and pay the Landlords $16,719.25 plus daily compensation of $52.23 from March 26, 2024 until move-out.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$1,589
Rent Arrears
$16,816
Application Fee
$186
Total Owing
$16,719 (Owed to Landlords)
Source
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