Landlords Win Eviction Case Against Non-Paying Tenant in Toronto: Jain v Henderson 2021
Toronto landlords awarded $33000 in rent arrears and costs after successful eviction of non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
87 Hill Crescent, Toronto, ON M1M1J3
Decision in favor of
landlord
Balance Owed to Landlord
$33,458
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2020
Hearing Date
Nov 2020
Order Date
Jan 6, 2021
Tenancy End Date
Jan 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant was in possession of the rental unit and had not paid the full rent from February 1, 2020 to November 30, 2020. Landlords served a valid N4 Notice of Termination.
Determinations
- Tenant did not pay full rent from February 1, 2020 to November 30, 2020
- Landlords served valid N4 Notice of Termination
- Tenant in possession of rental unit
- Lawful monthly rent is $3,371.32
- Landlords collected $3,250 rent deposit
- Tenant paid $1,048 after application filed
- Unfair to grant relief from eviction given Tenant's failure to pay rent and lack of repayment plan
Case Study
The Tenant admitted he was unable to pay rent and did not request a payment plan. The Tenant only requested eviction be delayed until January 1, 2021 to find new accommodation, but this request is now moot as the order is being issued on January 6, 2021. The Landlords attempted to negotiate with the Tenant but the Tenant did not make any payments. Given the Tenant's failure to pay rent and lack of a viable repayment plan, it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant admitted he was unable to pay rent and did not request a payment plan. Tenant only requested eviction be delayed until January 1, 2021 to find new accommodation.
Decision Summary
The tenancy is terminated effective January 17, 2021. The Tenant must pay the Landlords $33,457.87, which includes rent arrears, compensation, and the application filing fee, less the rent deposit and interest owed on the deposit. If the Tenant does not pay the full amount by January 17, 2021, the Tenant will owe interest and the Landlords can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$3,371
Rent Arrears
$33,917
Application Fee
$175
Rent Deposit
$3,250
Deposit Interest
$198
Total Owing
$33,458 (Owed to Landlord)
Source
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