IMH POOL XV LP v Diaz: Non-payment of Rent Case in Scarborough, ON
Scarborough tenants evicted for non-payment of rent, owe $18067 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 91 Silver Springs Blvd, Scarborough, ON M1V1R1
Decision in favor of
landlord
Balance Owed to Landlord
$18,067
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Aug 2022
Order Date
Dec 6, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlord served a valid N4 Notice, which Tenants did not void by paying arrears. Tenants claimed financial difficulties due to caring for seven dogs but continued to work full-time. Tenants attempted to raise maintenance issues under section 82, but were not permitted due to lack of proper notice.
Determinations
- Daily rent/compensation is $84.00
- Interest on rent deposit of $20.41 owing to Tenant
- Landlord entitled to $186.00 application filing fee reimbursement
- Landlord served valid N4 Notice
- Lawful rent is $2,555.00 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to August 31, 2022 are $20,456.00
- Rent deposit of $2,555.00 held by Landlord
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Tenants' request to raise maintenance issues under section 82 denied due to lack of proper notice
Case Study
The Tenants lost the case due to failure to pay rent and inability to provide a satisfactory explanation for their financial difficulties. They could have potentially improved their position by providing proper notice of maintenance issues they wished to raise under section 82 of the Residential Tenancies Act. Additionally, seeking financial assistance or negotiating a payment plan with the Landlord before the hearing might have helped their case.
Arguments and Actions
Landlord
Arguments
Landlord's representative objected to Tenants' request to raise maintenance issues, arguing lack of proper notice and inability to prepare for these claims.
Actions
Landlord addressed a bathtub clog issue on February 24, 2022.
Tenant
Arguments
Tenants attempted to raise maintenance issues under section 82 of the Residential Tenancies Act, but failed to provide proper notice to the Landlord.
Actions
Tenants claimed financial difficulties due to caring for seven dogs, despite continuing to work full-time since the tenancy commenced.
Procedural Errors
Tenants failed to provide proper notice of their intention to raise maintenance issues at the hearing, as required by Rule 19.4 of the Rules of Procedure of the Landlord and Tenant Board.
Decision Summary
The tenancy is terminated unless Tenants void the order by paying $30,862.00 by December 17, 2022. If not voided, Tenants must vacate by December 17, 2022, and pay $18,066.59 plus $84.00 per day from September 1, 2022, until move-out. Tenants' attempt to raise maintenance issues was denied due to lack of proper notice.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,555
Rent Arrears
$20,456
Application Fee
$186
Rent Deposit
$2,555
Deposit Interest
$20
Total Owing
$18,067 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.