Grewal v Hemraj: Non-payment of Rent Case in Brampton, ON
LTB Eviction Case: Grewal v Hemraj - Non-payment of Rent in Brampton
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 22 Fordwich Blvd, Brampton, ON L7A1S9
Decision in favor of
landlord
Balance Owed to Landlord
$27,786
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2021
Hearing Date
Jan 2022
Order Date
Jan 24, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the initial order, claiming she did not receive the Notice of Hearing. The Board granted the review and held a new hearing.
Determinations
- Interest on rent deposit owed to Tenant from September 1, 2020 to July 5, 2021
- Landlords served Notice of Termination effective July 5, 2021
- Lawful monthly rent is $2,300.00
- Parties agreed amount owing is $27,786.00 for rental period ending January 31, 2022
- Rent deposit of $2,300.00 collected and held by Landlords
- Tenant did not receive Notice of Hearing for initial hearing
- Tenant has not paid total rent required from February 1, 2021 to January 31, 2022
- Tenant is in possession of the rental unit
- Tenant made no payments since application filing
Case Study
The Tenant's request for review was granted as the Board found it probable that she did not receive the Notice of Hearing. However, in the new hearing, the Board determined that relief from eviction was not appropriate due to the Tenant's inability to pay rent and the significant arrears owed to the Landlords.
Arguments and Actions
Landlord
Arguments
Landlords argued that they are small landlords and the arrears are significant. They contended that the Tenant has no ability to pay rent or arrears, and therefore eviction should be granted.
Actions
Landlords attempted to reach out to Tenant several times via text message to discuss repayment of arrears, with the last attempt on October 10, 2021.
Tenant
Arguments
Tenant requested more time to find new housing, suggesting April 1, 2022, as a move-out date.
Actions
Tenant has not paid rent due to financial inability. Tenant's monthly income is approximately $1,817.00, which is less than the monthly rent of $2,300.00.
Decision Summary
The Board granted the Tenant's request for review but ultimately terminated the tenancy due to non-payment of rent. The Tenant must vacate by February 4, 2022, unless they pay the full amount owing. The Tenant owes $22,848.92 plus $75.62 per day from January 25, 2022, until they move out, in addition to the $186.00 application fee.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$27,600
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$2
Total Owing
$27,786 (Owed to Landlord)
Source
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