Hoque kazi v Dewan: Non-payment of Rent Case in Brampton, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 43 Lanark Circle, Brampton, ON L6X5L5
Decision in favor of
landlord
Balance Owed to Landlord
$8,968
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Feb 2023
Order Date
Feb 17, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlords served a valid N4 Notice, which Tenants did not void by paying arrears. Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlords served valid N4 Notice
- Landlords' attempts at negotiating repayment agreement were unsuccessful
- Lawful rent is $1,600.00
- Rent arrears owing to February 28, 2023 are $11,900.00
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
Case Study
The Tenants could have avoided eviction by paying the full amount of rent arrears before the hearing or by demonstrating a reliable plan to pay the arrears. To turn the decision around, Tenants would need to show consistent payment of rent, a solid plan to clear arrears, or provide evidence of extenuating circumstances that prevented rent payment.
Arguments and Actions
Landlord
Actions
Landlords attempted to negotiate a repayment agreement, but Tenants promised and failed to make payments.
Tenant
Arguments
Tenant requested an opportunity to continue the tenancy by paying the outstanding arrears from the proceeds of a completed project.
Actions
Tenant testified that he lost his job in April 2022, got a new job in May 2022 but had to quit in July 2022. He subsequently developed health issues and lost a deposit for a new home in the summer.
Aggravating Factors
Tenants have not paid any rent since September 2022
Decision Summary
The tenancy is terminated unless Tenants void the order by paying the outstanding amount. Tenants must pay $12,086.00 by February 28, 2023, or $13,686.00 by March 10, 2023, to void the order. If not voided, Tenants must vacate by March 10, 2023, and pay $8,968.38 plus $52.60 per day from February 3, 2023, until they move out.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$11,900
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$23
Total Owing
$8,968 (Owed to Landlord)
Source
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