Landlord Wins Eviction Case Against Non-Paying Tenant in Markham: Hosseinzadeh Sadeghi v Zia-Basharhagh 2022
Markham Tenant Evicted for $35000 in Unpaid Rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7165 Yonge Street, Markham, ON M2M3X9
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
Tenancy End Date
Mar 2022
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 had not vacated the rental unit.
Determinations
- Landlord served valid N4 Notice
- Lawful monthly rent is $2,443.20
- Rent arrears as of February 28, 2022, are $61,073.20
- Tenant did not void notice by paying arrears
- Tenant has not vacated the rental unit
- Tenant in possession on application date
Case Study
The Landlord was not reasonably able to participate in the previous hearing because they did not receive the Notice of Hearing. The Tenant has not paid the total rent owed from February 1, 2020, to February 28, 2022, resulting in significant arrears. The Tenant's evidence was vague and lacked supporting documentation. Relief from eviction is not appropriate given the extended period of non-payment and the amount of arrears.
Arguments and Actions
Landlord
Actions
Landlord has reached out to Tenant several times for repayment of arrears, but Tenant never responded. Landlord has filed multiple prior applications against Tenant for non-payment.
Tenant
Arguments
Tenant does not agree with the amount of monthly rent or the amount of arrears calculated by the Landlord, but provided no explanation or supporting evidence.
Actions
Tenant has not paid rent since January 2020. Tenant claims he moved out in July 2021 but provided no evidence to support this.
Decision Summary
The tenancy is terminated effective March 11, 2022, unless the Tenant pays $61,259.20 on or before February 28, 2022, or $63,702.40 on or before March 11, 2022, to void the eviction order and continue the tenancy. If the Tenant does not make the required payment, the Landlord may file the order with the Court Enforcement Office for enforcement.
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
$2,443
Rent Arrears
$61,073
Application Fee
$186
Rent Deposit
$1,950
Deposit Interest
$160
Total Owing
$35,000 (Owed to Landlord)
Source
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