Landlord Wins Eviction Case Against Non-Paying Tenants in Scarborough: Metcap Living Management Inc. v Persaud and Thakurdin 2020
Scarborough landlord awarded $6549 after evicting tenants for non-payment of rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
3895 Lawrence Avenue East, Scarborough, ON M1G3T3
Decision in favor of
landlord
Balance Owed to Landlord
$6,549
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2019
Hearing Date
Mar 2020
Order Date
Aug 7, 2020
Tenancy End Date
Aug 2020
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.
Determinations
- Tenants did not pay rent from November 1, 2019 to March 31, 2020
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2020-08-18
- Lawful rent due on 1st of each month
- Tenants paid $4,700 after application filed
Case Study
The Tenants have not paid the total rent they were required to pay for the period from November 1, 2019 to March 31, 2020. The Landlord served a valid N4 Notice, but the Tenants did not void the notice by paying the arrears. The Tenants vacated the unit on August 18, 2020, prior to the enforcement of the eviction order.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent from November 2019 to March 2020.
Decision Summary
The tenancy was terminated effective August 18, 2020, the date the tenants were ordered to vacate the rental unit. The tenants are ordered to pay $6,549.02 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants can void the eviction order by paying $9,701.59 on or before August 18, 2020.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
5.0%
Mutual Agreement
5.0%
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Financial Details
Rent Arrears
$1,241
Application Fee
$175
Rent Deposit
$1,548
Deposit Interest
$0
Damages
$11,557
Total Owing
$6,549 (Owed to Landlord)
Source
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