Landlord Wins Eviction Case Against Non-Paying Tenant in Mississauga: Othman v Hasbani 2021
Mississauga landlord awarded $28471 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 115 Hillcrest Avenue, Mississauga, ON L5B3Y9
Decision in favor of
landlord
Balance Owed to Landlord
$28,752
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2020
Hearing Date
Jul 2021
Order Date
Jul 30, 2021
Tenancy End Date
Aug 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 January 1, 2020 to July 31, 2021
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant has not made payment since application filed
- Lawful monthly rent is $1,502.67
- Landlord is not holding last month rent deposit
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from January 1, 2020 to July 31, 2021. The Landlords served a valid N4 Notice, but the Tenant did not void the notice by paying the arrears. The Tenant has not made a payment to the Landlord since the application was filed. It would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Arguments
Any delay would be prejudicial to the Landlord whereas the Tenant has not made a payment for 18 months, since January 2020. The property owner and the property management company have not changed during this tenancy.
Actions
Landlords made many attempts to communicate with the Tenant but have not received a response.
Tenant
Arguments
Tenant does not recognize the Landlord listed on the application and claims he has been paying rent to the Condominium Corporation.
Actions
Tenant was informed by property management in January 2020 that they no longer represent the Landlord and would not accept rent payments. Tenant has been paying rent to the Condominium Corporation but has not provided proof.
Decision Summary
The tenancy is terminated effective August 10, 2021. The Tenant must pay the Landlords $28,471.64 in rent arrears and compensation, plus $49.40 per day starting July 31, 2021 until the Tenant vacates. The Tenant must also pay $201 in application fees. If the Tenant does not pay the full amount by August 10, 2021, the Landlords may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$1,503
Rent Arrears
$28,551
Application Fee
$201
Total Owing
$28,752 (Owed to Landlord)
Source
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