Landlords Win Eviction Case Against Non-Paying Tenants in Mississauga: Kasowski v El Barray 2021
Mississauga landlords awarded $5089 in rent arrears and costs after evicting non-paying tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1247 Gryphon Mews, Mississauga, ON L4W3E1
Decision in favor of
landlord
Balance Owed to Landlord
$5,090
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2021
Tenancy End Date
Jun 2021
Hearing Date
Jul 2021
Order Date
Jul 30, 2021
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords 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 had vacated the rental unit on June 3, 2021, prior to the hearing date.
Determinations
- Tenants did not pay full rent from April 2020 to June 2021
- Landlords served valid N4 notice
- Tenants were in possession when application filed
- Tenants vacated unit on June 3, 2021
- Lawful monthly rent was $1,800
- Landlords held $1,800 rent deposit
- Tenants paid $12,800 after application filed
- No evidence of agreement to accept partial rent payments
Case Study
The Tenants had not paid the full rent owed from April 2020 to June 2021. The Landlords served a valid N4 notice, and the Tenants were in possession of the unit when the application was filed. The Tenants claimed they had a verbal agreement with the Landlord to pay partial rent, but the evidence did not support this. The Tenants owed $5,089.97 to the Landlords, which included rent arrears, compensation, and the application filing fee, minus the rent deposit and interest owed to the Tenants.
Arguments and Actions
Tenant
Arguments
Tenants claimed they had a verbal agreement with the Landlord, Maciej Kasowski, to pay partial rent, but this was not supported by the evidence.
Actions
Tenants vacated the rental unit on June 3, 2021 without paying full rent arrears.
Procedural Errors
Tenants did not file a request for a Summons to require Maciej Kasowski to attend the hearing.
Decision Summary
The tenancy was terminated effective June 3, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $5,089.97 to the landlords, which includes rent arrears up to the move-out date, compensation, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$3,210
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$40
Other Owed Amount
$16,334
Compensation from Sept 2020 to June 2021
Total Owing
$5,090 (Owed to Landlord)
Source
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