Landlord Wins Eviction Case Against Tenant Unable to Pay Rent During Pandemic: Ng v Ranjkesh 2021
Toronto landlord wins eviction case, but tenant granted extension to try paying $22504 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 100 Harrison Garden Boulevard, Toronto, ON M2N7C2
Decision in favor of
landlord
Balance Owed to Landlord
$22,504
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Jun 14, 2021
Tenancy End Date
Jun 2021
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.
Determinations
- Tenant has not paid rent from March 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,600
- Tenant made no payments since application filed
- Landlord collected $1,600 rent deposit
- Interest on rent deposit owed to Tenant
Case Study
The Tenant indicated that he has had a very difficult time due to the Covid-19 pandemic, having lost his business and being ineligible for many income replacement options. The Tenant lives with his adult son who has also not worked for a couple of years, and the Tenant has had some medical issues. The Tenant believes that if given approximately four months, he could pay the Landlord some of what is owed by selling old stock from his business. However, the arrears are over twenty thousand dollars and it is unclear whether the Tenant's plan could be executed in a timely fashion. Given the circumstances, the adjudicator found that it would not be unfair to postpone the eviction until June 30, 2021.
Arguments and Actions
Landlord
Actions
Landlord indicated he is a small landlord and this is his only rental unit, a condo. He relied on the rent from the Tenant to cover most of the expenses associated with the condo, and has had to use his savings to cover the condo costs due to the pandemic.
Tenant
Arguments
Tenant believes he can pay some of what is owed by selling old stock from his business if given approximately four months.
Actions
Tenant indicated he lost his business in early 2020 due to COVID-19 pandemic and was not eligible for many income replacement options. Tenant lives with adult son who has also not worked for a couple of years, and Tenant has had some medical issues.
Decision Summary
The tenancy is terminated effective June 30, 2021. The Tenant must pay the Landlord $19,909.59, plus $52.60 per day starting June 15, 2021. If the Tenant pays $22,504.00 on or before June 30, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
96.5%
Tenant Favorable
1.2%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,600
Rent Arrears
$22,318
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$113
Total Owing
$22,504 (Owed to Landlord)
Source
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