Landlord Wins Eviction Case Against Tenant in Arrears - Leung v Peca
Landlord awarded $18364 in rent arrears and costs after tenant fails to pay rent and file bankruptcy documentation
Summarized by RentZenLast updated: July 26, 2024
Case Summary
211 Highway 7 E, Richmond Hill, ON L4B0C7
Decision in favor of
landlord
Balance Owed to Landlord
$18,364
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2020
Hearing Date
Jun 2021
Order Date
Oct 1, 2021
Tenancy End Date
Oct 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Determinations
- Tenant has not paid rent from June 15, 2020 to July 14, 2021
- Landlord served valid N4 Notice
- Tenant is in possession of rental unit
- Lawful monthly rent is $1,650
- Tenant paid $4,100 after application filed
Case Study
The Tenant filed for bankruptcy, which would stay these proceedings. However, the Tenant did not provide any documentation to the Board regarding the bankruptcy, so the order is proceeding on the merits.
Arguments and Actions
Landlord
Actions
Landlord is having difficulty paying property taxes and mortgage payments.
Tenant
Actions
Tenant has overwhelming debts and is trying to vacate as soon as possible.
Procedural Errors
Tenant did not provide documentation regarding bankruptcy filing as directed by the Board.
Decision Summary
The tenancy is terminated effective October 15, 2021. The Tenant must pay the Landlord $18,364.17 in rent arrears and application costs, plus $54.25 per day starting October 2, 2021 until the Tenant vacates. The Tenant can void the order by paying $19,286 on or before October 14, 2021, or $20,936 on or before October 15, 2021.
Adjudicator Details
LTB Member
Total Orders
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$1,650
Rent Arrears
$6,298
Application Fee
$186
Damages
$16,167
Total Owing
$18,364 (Owed to Landlord)
Source
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