Landlord Wins Eviction Case Against Tenant Owing $14454 in Rent Arrears: Homestead Land Holdings Limited v Kazazian 2023
Landlord Wins Eviction and $14454 Rent Arrears Judgment
Summarized by RentZenLast updated: July 22, 2024
Case Summary
605 Wonderland Rd N, London, ON N6H4T7
Decision in favor of
landlord
Balance Owed to Landlord
$12,249
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Feb 2023
Order Date
Feb 24, 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 holds $1,535.63 rent deposit plus $7.99 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,571.50 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to February 28, 2023 are $14,454.44
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
Case Study
The Tenant's proposed payment plan was denied as it was found to be unsustainable. However, considering the Tenant's children, the eviction was postponed until April 30, 2023 to allow the Tenant more time to find new accommodations.
Arguments and Actions
Tenant
Actions
Tenant stated he used Ontario Works income for other expenses rather than paying rent.
Decision Summary
The tenancy will be terminated on April 30, 2023 unless the Tenant pays the full arrears by that date. If the Tenant does not pay, they must vacate the unit by April 30, 2023. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement starting May 1, 2023.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,571
Rent Arrears
$14,454
Application Fee
$186
Rent Deposit
$1,536
Deposit Interest
$8
Total Owing
$12,249 (Owed to Landlord)
Source
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