Landlord Wins Eviction Case Against Tenants for Non-Payment of Rent: IMH POOL XV LP v Fujino 2022
LTB Eviction Case: Landlord Wins Against Non-Paying Tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 85 Silver Springs Blvd, Toronto, ON M1V1W3
Decision in favor of
landlord
Balance Owed to Landlord
$11,632
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Oct 2022
Order Date
Nov 22, 2022
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date. The Landlord's ledger showing dates and amounts paid was found to be more reliable than the Tenants' claims regarding rent waivers and payments.
Arguments and Actions
Tenant
Actions
Tenant claimed Landlord agreed to waive rent for December 2021 and January 2022, made an additional $2000 payment in August 2022, and refused a $4500 payment from the rent bank. However, the Tenant did not provide any documentary evidence to support these claims.
Decision Summary
The tenancy is terminated unless the Tenants pay the outstanding rent arrears and other amounts owed by the specified deadlines. If the Tenants do not pay, they must vacate the rental unit by January 3, 2023, and the Landlord may then file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,836
Rent Arrears
$14,466
Application Fee
$186
Rent Deposit
$1,815
Deposit Interest
$33
Total Owing
$11,632 (Owed to Landlord)
Source
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