Landlord Wins Eviction Case Against Tenants in Rent Arrears: Jamasi v Ramirez 2022
LTB Ruling: Landlord Wins Eviction Case Over $34K in Rent Arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
29 Casely Ave, Richmond Hill, ON L4S0K3
Decision in favor of
landlord
Balance Owed to Landlord
$34,565
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Sep 2022
Order Date
Nov 10, 2022
Tenancy End Date
Nov 2022
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
- Board's monetary jurisdiction is $35,000
- Landlord holds $2,900 rent deposit with $94.60 interest
- Landlord incurred $186 in filing costs
- Landlord served valid N4 Notice
- Lawful rent is $2,900 per month
- Rent arrears owing to Sept 30, 2022 is $37,700
- Tenants did not void notice by paying arrears
- Tenants paid $2,900 since application filed
- Tenants still in possession on hearing date
Case Study
The Tenants requested six years to pay the arrears, but the Adjudicator did not find this reasonable or appropriate given the Tenants' monthly income and expenses. The Adjudicator determined that the Tenants had been afforded sufficient time and it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord is seeking a standard order, as the money owing is already beyond the Board's monetary jurisdiction and any delay would be prejudicial.
Actions
Landlord is under financial strain and has to borrow money to pay the mortgage.
Tenant
Arguments
Tenants requested 6 years to pay the arrears or until January 2023 to vacate the unit.
Actions
Tenants stopped receiving income in September 2021 when their social assistance was placed on hold. They appealed the decision and a hearing is scheduled for October 19, 2022, but they are not expecting any retroactive benefits.
Decision Summary
The tenancy is terminated unless the Tenants pay $43,686 by November 21, 2022 to void the order. If the Tenants do not pay this amount, they must vacate the unit by November 21, 2022 and pay the Landlord $34,565.58 plus daily compensation of $95.34 from September 28, 2022 until move-out.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$2,900
Rent Arrears
$40,274
Application Fee
$186
Rent Deposit
$2,900
Deposit Interest
$94
Total Owing
$34,565 (Owed to Landlord)
Source
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