Landlord Wins Eviction Case Against Tenants in Arrears: IMH Pool XII LP v Shurbaji
LTB Terminates Tenancy in $9000 Rent Arrears Case: IMH Pool XII LP v Shurbaji
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 35 Walmer Road, Toronto, ON M5R2X3
Decision in favor of
landlord
Balance Owed to Landlord
$5,263
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
Feb 2022
Order Date
Mar 2, 2022
Tenancy End Date
Mar 2022
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 had vacated the rental unit on September 8, 2022, prior to the hearing date.
Determinations
- Landlord holds $1,841 rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent is $1,841
- Parties agree amount owed is $7,190.03
- Tenants did not pay rent from June 1, 2021 to February 28, 2022
- Tenants in possession on application date
- Tenants paid $7,423.09 after application filed
Case Study
The tenants were not reasonably able to participate in the previous hearing because the Board never served them with a Notice of Hearing. The tenants are in arrears of rent and the landlord is entitled to terminate the tenancy, but the Board has granted the tenants additional time to try to secure funding to pay the arrears.
Arguments and Actions
Landlord
Arguments
The landlord's representative submitted that the rent arrears are substantial and will continue to accumulate if the tenancy is not terminated, and that the tenant's proposed payment plan of $400 per month plus rent exceeds his monthly income.
Actions
The landlord's representative submitted that the landlord sent letters to the tenant on July 9, 2021, August 18, 2021 and October 28, 2021 seeking a payment plan, but the tenant never followed through.
Tenant
Actions
Tenant Hisham Shurbaji testified that he has been trying to access funds via the local rent bank and ODSP to repay the rent arrears, but is unsure how long it will take.
Decision Summary
The tenancy is terminated effective March 31, 2022, unless the tenants pay $9,031.03 to the landlord or the Board by that date to void the eviction order. If the tenants do not make this payment, the landlord may file the order with the Sheriff to enforce the eviction. The tenants are also ordered to pay $5,263.77 to the landlord, representing rent arrears and application costs, less the rent deposit and interest.
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
$1,841
Rent Arrears
$7,004
Application Fee
$186
Rent Deposit
$1,841
Deposit Interest
$1
Total Owing
$5,263 (Owed to Landlord)
Source
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