Lambe v 5256752: Non-payment of Rent Case in Mississauga, ON
Mississauga tenants evicted for $8000 rent arrears, given chance to void order
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 6114 Silken Laumann Way, Mississauga, ON L5V1A1
Decision in favor of
landlord
Balance Owed to Landlord
$5,551
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2022
Hearing Date
Oct 2022
Order Date
Nov 23, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Tenants failed to void the N4 Notice by paying the arrears. The Tenants claimed issues with hydro service, which were resolved by the hearing date. The Tenants proposed a 6-year payment plan, which was deemed unreasonable by the Board.
Determinations
- Interest on rent deposit of $13.31 owing to Tenants
- Landlord entitled to $186.00 application filing fee reimbursement
- Landlord served valid N4 Notice
- Lawful rent is $1,600.00 due on 1st of each month
- Rent arrears owing to October 31, 2022 are $8,000.00
- Rent deposit of $1,600.00 held by Landlord
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
Case Study
The Tenants could have potentially avoided eviction by addressing the rent arrears more proactively or proposing a more reasonable payment plan. They could have also provided evidence of their efforts to secure assistance from social services to demonstrate their commitment to resolving the arrears.
Arguments and Actions
Landlord
Arguments
Landlord requested a delayed termination order and disputed the potential for further social service agency payments.
Actions
Landlord sent an electrician to fix the power issue caused by overloading the breaker.
Tenant
Arguments
Tenants argued that non-payment was due to hydro issues, which were resolved by the hearing date.
Actions
Tenants did not pay rent, claiming hydro was cut off in late March or early April 2022. Tenants proposed a 6-year payment plan of $100 per month to clear arrears.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amounts by the given dates. If not voided, the Tenants must vacate by December 11, 2022, and pay $5,551.29 plus $52.60 per day from October 12, 2022, until they move out. The Landlord may file for eviction enforcement starting December 12, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,600
Rent Arrears
$8,000
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$13
Total Owing
$5,551 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.