Landlord Wins Eviction Case Against Tenants Owing $15498 in Rent Arrears: Mehta v Ochelebe 2021
Landlord wins eviction case against tenants owing $15498 in rent arrears in Richmond Hill
Summarized by RentZenLast updated: July 26, 2024
Case Summary
31 Boake Trail, Richmond Hill, ON L4B 2H3
Decision in favor of
landlord
Balance Owed to Landlord
$15,499
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Jul 5, 2021
Tenancy End Date
Jul 2021
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 had not fully paid the rent due from March 1, 2019 to June 30, 2021.
Determinations
- Tenants did not pay full rent from March 1, 2019 to June 30, 2021
- Landlord served valid N4 Notice
- Lawful rent is $2,400 per month
- Tenants' claimed verbal rent reduction agreement rejected
- Tenants were struggling to pay the lawful rent
Case Study
The Landlord's evidence was more measured and the Landlord acknowledged substantial rent payments, which slightly weighed in the Landlord's favor. The Tenants' claimed verbal agreement to reduce rent was rejected as it was not a valid agreement. The Tenants were struggling and ultimately failing to pay the lawful rent of $2,400 per month as it came due.
Arguments and Actions
Landlord
Tenant
Arguments
Tenants claimed a verbal agreement to reduce rent by $500 per month, which was rejected as not a valid agreement.
Actions
Tenants were struggling and ultimately failing to pay the lawful rent of $2,400 per month as it came due.
Decision Summary
The tenancy is terminated effective July 31, 2021. The Tenants must pay the Landlord $15,498.50, plus $78.90 per day starting July 6, 2021 until they vacate the unit. If the Tenants pay $17,536 on or before July 31, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Lawful Rent
$2,400
Rent Arrears
$14,918
Application Fee
$186
Deposit Interest
$32
Total Owing
$15,499 (Owed to Landlord)
Source
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