Landlords Win Eviction Case Against Tenants in Whitchurch-Stouffville: Li Liu and Yan Zhu v Brittany Gerard and Matthew Whiteman 2020
Whitchurch-Stouffville landlords awarded $35190 in rent arrears, tenants ordered to vacate
Summarized by RentZenLast updated: July 26, 2024
Case Summary
68 Sherrick Drive, Whitchurch-Stouffville, ON L4A 2E9
Decision in favor of
landlord
Balance Owed to Landlord
$35,190
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2019
Hearing Date
Aug 2020
Order Date
Aug 31, 2020
Tenancy End Date
Sep 2020
We estimate Application Date using rent arrears.
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Tenants have not paid total rent owed from October 13, 2019 to September 12, 2020
- Landlords served valid N4 Notice due to rent arrears
- Tenants still in possession of rental unit
- Landlords incurred $60 in NSF cheque administration charges
- Landlords collected $4,500 rent deposit, interest owed to Tenants
- Total amount owed to Landlords is $49,750 as of August 31, 2020
- Board's monetary jurisdiction limited to $35,000 plus filing costs
Case Study
The Tenants have not paid the total rent they were required to pay for the period from October 13, 2019 to September 12, 2020. The Landlords served a valid Notice of Termination effective January 12, 2020 due to the rent arrears. The Tenants are still in possession of the rental unit. The Landlords incurred $60 in administration charges related to NSF cheques. The Landlords collected a $4,500 rent deposit from the Tenants, and interest is owed to the Tenants on this deposit. The total amount outstanding to the Landlords, including rent arrears, NSF charges, and costs, is $49,750 as of August 31, 2020. However, the Board's monetary jurisdiction is limited to $35,000, not including the Landlord's application filing costs.
Arguments and Actions
Landlord
Actions
The Landlords' Agents opposed any further delay to termination if the Tenants could not pay the full balance outstanding. While the Landlords were sympathetic to the Tenants' situation, the loss of rental income has jeopardized their ability to cover their own mortgage.
Tenant
Actions
Tenant Matthew Whiteman explained that he fell behind on rent payments when he lost his job shortly before the COVID-19 pandemic, and then lost another job during the pandemic. He is currently searching for a rental unit with lower monthly rent for himself and his three young children.
Decision Summary
The tenancy is terminated effective September 15, 2020. The Tenants must pay the Landlords $35,190 by September 15, 2020, which represents the rent arrears, administration charges, and costs capped at the Board's monetary jurisdiction limit. If the Tenants do not make this payment, they will owe interest starting September 16, 2020 and the Landlords can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$4,500
Rent Arrears
$49,500
Application Fee
$190
Rent Deposit
$4,500
Deposit Interest
$58
Other Owed Amount
$60
NSF cheque administration charges
Total Owing
$35,190 (Owed to Landlord)
Source
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