Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto: Q Residential Property Operating LP VI v Arsov 2021

Case Study

The Tenant has not paid the total rent the Tenant was required to pay for the period from January 1, 2021 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 21, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $1,204.00. The Landlord collected a rent deposit of $1,204.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2021 to January 21, 2021. The Tenant paid or was credited $10.14 after the application was filed. The parties agree that the amount outstanding to July 31, 2021, inclusive of rent arrears ($8,417.86), and costs ($186.00), is $8,603.86. The parties were satisfied having an extension of time to July 31, 2021. Since the Tenant attended and was aware of the extension date, there is no prejudice to the Tenant to have 11 days from the date of this order. The Tenant could have made payments in the interim since the amount was not in dispute. The adjudicator considered all of the disclosed circumstances in accordance with subsection 83 of the Residential Tenancies Act, 2006 (RTA), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and found that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.