Landlord Wins Rent Arrears Case: Qazi v El-taji 2023
Brampton landlord granted relief from eviction, tenant ordered to pay $14807 in arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
7358 Watergrove Rd, Mississauga, ON L5N8L6
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Dec 2022
Order Date
Jan 9, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent that the Tenant owes. The Landlord claimed the total amount of $48,781.94, which represents the arrears of rent for the period ending October 9, 2022 ($48,595.94), plus the application filing fee ($186.00). However, the amount claimed by the Landlord exceeded the monetary jurisdiction of the Board, which is limited to $35,000.00. The Landlord agreed to waive any amount that exceeds the Board's monetary jurisdiction.
Determinations
- Lawful rent is $3,000.00 per month, due on the 1st day of each month
- Rent arrears owing to December 31, 2022 are $48,595.94
- Tenant did not pay the total rent they were required to pay for the period from October 1, 2020 to December 31, 2022
- Tenant has paid $6,500.00 to the Landlord after the application was filed
- Tenant was still in possession of the rental unit as of the hearing date
Case Study
The Landlord's notice of termination was invalid because it contained an error in the rental period. As the notice of termination is void, the Landlord's application may proceed for arrears of rent only, and the tenancy cannot be terminated on the basis of a void notice.
Arguments and Actions
Landlord
Procedural Errors
The Landlord's notice of termination contained an error in the rental period, rendering it invalid.
Decision Summary
The Tenant shall pay to the Landlord $35,186.00, which includes rent arrears owing up to December 31, 2022 and the cost of the application. If the Tenant does not pay the Landlord the full amount owing on or before January 20, 2023, the Tenant will start to owe interest at 5.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$48,595
Application Fee
$186
Total Owing
$35,186 (Owed to Landlord)
Source
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