Landlord Wins Eviction Case Against Non-Paying Tenant in Mississauga: Nath v El sadig 2022
Mississauga tenant evicted for $41100 in unpaid rent, landlord awarded $35000 in arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1208 Mississauga Valley Blvd, Mississauga, ON L5A3S1
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Oct 2022
Order Date
Dec 1, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,800 per month
- Rent arrears exceed Board's monetary jurisdiction
- Tenant did not void notice by paying arrears
- Tenant has not made any payments since application filed
- Tenant in possession on application date
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Tenant's maintenance issues did not rise to a level that would warrant delaying or denying the eviction.
Arguments and Actions
Landlord
Actions
Landlord attempted to discuss the rent arrears with the Tenant, but the Tenant did not believe he had to pay the rent due to maintenance issues.
Tenant
Arguments
Tenant attempted to raise section 82 issues, but did not serve them on the Landlord or Board in advance as required.
Actions
Tenant is not employed and on disability, is a single father of four children, and would be financially impacted by having to find a new place to live.
Procedural Errors
Tenant did not serve section 82 issues on Landlord and Board in advance as required.
Decision Summary
The tenancy is terminated unless the Tenant pays $35,000 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by December 12, 2022. The Tenant is also ordered to pay daily compensation of $59.18 from October 13, 2022 until the date they move out.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$41,100
Application Fee
$186
Rent Deposit
$3,600
Deposit Interest
$280
Total Owing
$35,000 (Owed to Landlord)
Source
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