Landlord Wins Eviction Case Against Tenant Who Stopped Paying Rent: Joshi v Ayeni 2022
LTB Rules in Favor of Landlord in Brantford Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
32 Sinden Rd, Brantford, ON N3T0P8
Decision in favor of
landlord
Balance Owed to Landlord
$6,074
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
May 2022
Order Date
May 24, 2022
Tenancy End Date
Jun 2022
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent and the Landlord's intention to occupy the rental unit for personal use. The Tenant disputed the service of the N4 and N12 notices.
Determinations
- Landlord genuinely requires unit for own residential use
- Landlord holds $2,175 rent deposit plus $26.17 interest
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 and N12 Notices
- Lawful rent is $2,175 per month
- Tenant did not void N4 notice by paying arrears
- Tenant owes $9,725 in rent arrears
- Tenant still in possession on hearing date
Case Study
The Landlord established that the N4 and N12 notices were validly served. The Tenant did not void the N4 notice by paying the rent arrears. The Landlord, Amit Thurkram, established that he genuinely requires the rental unit for his own residential occupation.
Arguments and Actions
Landlord
Arguments
Landlord established he genuinely requires the rental unit for his own residential occupation.
Actions
Landlord testified he has reached out to the Tenant multiple times requesting payment of rent arrears, but the Tenant said she had no money to pay.
Tenant
Arguments
Tenant disputed the service of the N4 and N12 notices, but provided no evidence to support her position.
Actions
Tenant testified she cannot afford to pay rent because she has put money towards purchasing a new home.
Decision Summary
The tenancy is terminated effective June 4, 2022. The Tenant must pay $6,074.36 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest. If the Tenant does not pay by June 4, 2022, the Landlord may file the order with the Sheriff for enforcement.
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
$2,175
Rent Arrears
$9,725
Application Fee
$186
Rent Deposit
$2,175
Deposit Interest
$26
Total Owing
$6,074 (Owed to Landlord)
Source
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