Landlord Wins Eviction Case Against Tenants in Brampton: Khan v Ottaviano 2024
Brampton landlord awarded $17466 in rent arrears case, tenants ordered to pay or face eviction
Summarized by RentZenLast updated: August 6, 2024
Case Summary
123 Vanhorne Close, Brampton, ON L7A4E9
Decision in favor of
landlord
Balance Owed to Landlord
$11,705
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 2, 2024
Tenancy End Date
Feb 2024
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 served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,640 per month
- No payments made since application filed
- Rent arrears of $14,640 as of hearing date
- Landlord incurred $186 in application fees
- Landlord holds $2,550 rent deposit with $100.81 interest
- Unfair to grant relief from eviction
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. As of the hearing date, the Tenants were still in possession of the rental unit. The Tenants have not made any payments since the application was filed. The Landlord attempted to negotiate a repayment agreement with the Tenants, but the Tenants did not respond. The Tenants sought a delay in the eviction for 90 days to secure new housing, but they did not propose a payment plan to pay off the arrears and preserve the tenancy. Based on the circumstances, it would be unfair to delay the eviction as the Tenants requested.
Arguments and Actions
Landlord
Arguments
Landlord sought eviction order and arrears, stating he is no longer able to financially assist the Tenants.
Actions
Landlord attempted to negotiate a repayment agreement with Tenants but did not receive a response.
Tenant
Arguments
Tenants sought a 90-day delay in eviction to secure new housing, but did not propose a payment plan.
Actions
Tenants fell into arrears due to job loss and caregiver responsibilities. Tenant LO has a disability and limited income.
Decision Summary
The tenancy is terminated unless the Tenants pay $17,466 to void the order by February 13, 2024. If the Tenants do not void the order, they must pay the Landlord $11,704.94, which includes rent arrears and application fees, minus the rent deposit and interest. The Tenants must also pay daily compensation of $86.79 for each day of occupation starting January 26, 2024 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,640
Rent Arrears
$14,640
Application Fee
$186
Rent Deposit
$2,550
Deposit Interest
$101
Total Owing
$11,705 (Owed to Landlord)
Source
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