Landlord Wins Non-payment Case: Jamal v Reid 2023
LTB Rules on $701 Rent Arrears: Jamal v Reid Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 80 Laguna Cres, Markham, ON L3S3G7
Decision in favor of
landlord
Balance Owed to Landlord
$701
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Mar 15, 2023
Tenancy End Date
Mar 2023
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 holds $900 rent deposit and $14.50 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $900 due on 1st of each month
- Rent arrears owing to March 31, 2023 are $2,300
- Tenant paid $6,700 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 is entitled to terminate the tenancy and evict the Tenants.
Arguments and Actions
Landlord
Actions
The Landlord offered a payment plan, but the Tenants stopped making payments around September 2022.
Aggravating Factors
The Landlord is a small Landlord and suffers financial hardship from this circumstance.
Tenant
Arguments
The Tenants seek a 4-month delay in eviction.
Actions
The Tenants stopped making payments around September 2022 and have not made any good faith payments since.
Aggravating Factors
The Tenants cannot afford to live in the rental unit and have not made many efforts to look for alternative housing.
Decision Summary
The tenancy is terminated unless the Tenants pay $2,486 by March 26, 2023 to void the order and continue the tenancy. If the Tenants do not pay, they must move out by March 26, 2023 and pay the Landlord $701.09 plus $29.59 per day of occupation starting March 2, 2023.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$900
Rent Arrears
$2,300
Application Fee
$186
Rent Deposit
$900
Deposit Interest
$14
Total Owing
$701 (Owed to Landlord)
Source
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