Landlord Wins Eviction Case Against Tenant Behind on Rent in Mississauga: Lobo v Albalbisi 2021
Mississauga landlords awarded $14600 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
5748 Keldrew Avenue, Mississauga, ON L5M7B9
Decision in favor of
landlord
Balance Owed to Landlords
$14,604
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Jul 2021
Order Date
Aug 20, 2021
Tenancy End Date
Nov 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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. The Tenant had remained in possession of the rental unit.
Determinations
- Tenant has not paid rent from February 15, 2021 to August 14, 2021
- Landlords served valid N4 Notice
- Tenant in possession of rental unit
- Lawful monthly rent is $2,950
- Landlords hold $2,950 rent deposit
- Interest owed to Tenant on rent deposit from September 14, 2020 to March 13, 2021
- Tenant made no payments since application filed
- Total amount outstanding to August 14, 2021 is $17,886
Case Study
The Tenant requested a payment plan to pay the arrears over 3 years, which the Board found to be unreasonable given the Tenant's inability to provide clear financial information and the Landlords' own financial hardship. The Board granted a 3-month delay in eviction to allow the Tenant and his family more time to find alternative housing, contingent on the Tenant paying the monthly rent during that period.
Arguments and Actions
Landlord
Arguments
Landlords opposed Tenant's lengthy payment plan proposal but were not opposed to a delayed eviction conditional upon Tenant paying monthly rent as it comes due.
Actions
Landlords testified they were experiencing financial hardship themselves due to COVID-19, and could not afford to keep the rental unit without receiving any rent.
Tenant
Arguments
Tenant requested a payment plan to pay monthly rent plus $250 for 4 months and then monthly rent plus $550 until arrears are paid off, which would take approximately 3 years.
Actions
Tenant testified that he and his wife lost their income due to COVID-19 shutdowns in November 2020, and have been without income since February 2021. Tenant requested 3-4 months to find a new place to live.
Decision Summary
The tenancy is terminated effective November 14, 2021. The Tenant must pay $14,603.62 to the Landlords by November 15, 2021, as well as $96.99 per day for use of the unit from August 15, 2021 until the Tenant vacates. The Tenant can void the eviction order by paying $20,836 by September 14, 2021 or $26,736 by November 14, 2021.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$2,950
Rent Arrears
$17,700
Application Fee
$186
Rent Deposit
$2,950
Deposit Interest
$1
Total Owing
$14,604 (Owed to Landlords)
Source
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