Landlord Wins Eviction Case Against Tenants Owing $24500 in Rent Arrears: Islam v Abdelrahman 2023
Landlord wins eviction case against tenants owing $24500 in rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 151 Village Green Sq, Scarborough, ON M1S0K5
Decision in favor of
landlord
Balance Owed to Landlord
$20,094
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Jul 2023
Order Date
Sep 25, 2023
Tenancy End Date
Oct 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
- Tenants did not void notice by paying arrears
- Tenant R Abdelfattah still in possession on hearing date
- Neither Tenant requested to be removed from lease
- Lawful rent is $2,500 due on 1st of each month
- Daily rent/compensation is $82.19
- Tenants paid $5,500 since application filed
- Rent arrears owing to 2023-07-31 are $24,500
- Tenants do not dispute rent arrears amount
- Landlord incurred $186 application filing fee
- Landlord holds $2,500 rent deposit
- Interest on rent deposit is $84.97 owed to Tenants
Arguments and Actions
Landlord
Arguments
The Landlord objected to any delay, citing the magnitude of the arrears, the history of non-payment of rent and the uncertainty of the repayment plan proposed by the Tenant A Abdelrahman.
Tenant
Actions
Tenant R Abdelfattah resides in the rental unit with their children. Tenant A Abdelrahman entered into an agreement in March 2023 to pay the rent for the benefit of his children and ex-spouse. Tenant A Abdelrahman proposed to pay the monthly rent on time and $700 each month towards the arrears, with full payment of the arrears by December 31, 2023. Tenant R Abdelfattah testified that she has no ability to pay the rent.
Decision Summary
The tenancy will be terminated on October 31, 2023 unless the Tenants pay $29,686 by September 30, 2023 or $32,186 by October 31, 2023 to void the order. If the Tenants do not void the order, they must pay $20,094.17 to the Landlord and vacate the unit by October 31, 2023. The Landlord is entitled to daily compensation of $82.19 from July 7, 2023 until the Tenants vacate.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$24,500
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$85
Total Owing
$20,094 (Owed to Landlord)
Source
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