Landlord Wins Eviction Case Against Non-Paying Tenants in Toronto: Montgomery Square Inc. v Jackson and Renaud 2020
Toronto landlord awarded $30463 in rent arrears after evicting non-paying tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 25 Montgomery Avenue, Toronto, ON M4R0A1
Decision in favor of
landlord
Balance Owed to Landlord
$30,638
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2019
Hearing Date
Oct 2020
Order Date
Nov 3, 2020
Tenancy End Date
Nov 2020
We estimate Application Date using rent arrears.
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 have not paid total rent owed from December 1, 2019 to October 31, 2020
- Monthly rent is $2,995.00
- Tenants are in possession of the rental unit
- Tenants made no payments since application filed
- Landlord collected $2,920.00 rent deposit from Tenants
- Interest on rent deposit owed to Tenants from January 1, 2020 to December 18, 2019
- Landlord attempted to negotiate payment plan but unable to reach agreement
Case Study
The Tenants' failure to pay rent started before COVID, the amount of the arrears exceeds the Board's monetary limit, and the Tenant's payment plan is unrealistic as the proposed monthly payments exceed their income. Given the history of the Tenants' payments, the adjudicator is not persuaded that the Tenants would be able to even pay the monthly rent, let alone an additional $2,700 a month towards the arrears.
Arguments and Actions
Landlord
Arguments
The Landlord's representative expressed concern that the Tenant's proposed payment plan was not realistic as the combined payments towards rent and arrears exceeded the Tenant's current income, and that the Tenant failed to make any rent payments after the application was filed despite continuing to work.
Tenant
Arguments
Tenant Lucas Renaud proposed a payment plan to pay an additional $2,700 per month towards the arrears, but the Landlord did not agree to this plan.
Actions
Tenant Lucas Renaud testified that he did not have any good reasons for not paying rent but was dealing with some personal issues, and that his income has recently increased to over $5,000 per month due to additional responsibilities at work.
Decision Summary
The tenancy is terminated effective November 14, 2020. The Tenants must pay the Landlord $30,463.12, which includes rent arrears up to November 3, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $98.47 per day for compensation for use of the unit starting November 4, 2020 until they move out. If the Tenants do not pay the full amount by November 14, 2020, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenants can void the eviction order by paying $36,115.00 on or before November 14, 2020.
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
$2,995
Rent Arrears
$30,463
Application Fee
$175
Rent Deposit
$2,920
Deposit Interest
$2
Total Owing
$30,638 (Owed to Landlord)
Source
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