Landlord Wins $50000 Rent Dispute: Pandya v Hariprasad 2024
Whitby tenants ordered to pay $50491 in rent arrears or face eviction
Summarized by RentZenLast updated: August 6, 2024
Case Summary
157 Closson Drive, Whitby, ON L1N9Y6
Decision in favor of
landlord
Balance Owed to Landlord
$50,491
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 18, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlords 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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
- Lawful rent is $3,000 due on 17th of each month
- No payments made since application filed
- Rent arrears of $54,800 as of hearing date
- Landlord incurred $186 application filing fee
Arguments and Actions
Tenant
Actions
Tenant Anita Dipchand challenged the rent arrears amount claimed by the Landlord, stating her husband had been paying $3,000 in cash monthly until the last 4-5 months.
Decision Summary
The tenancy is terminated unless the Tenants pay $57,986 by April 16, 2024 or $60,986 by April 30, 2024 to void the order. If the Tenants do not void the order, they must pay $35,186 and vacate the unit by April 30, 2024. The Landlord is entitled to file the order with the Sheriff for enforcement if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$54,800
Application Fee
$186
Rent Deposit
$2,650
Deposit Interest
$128
Total Owing
$50,491 (Owed to Landlord)
Source
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