Landlord Wins Eviction Case Against Non-Paying Tenants in Richmond Hill: Ranjbar v Karimi 2021
Landlord awarded $15000 in rent arrears, tenants evicted from Richmond Hill property
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 491 16th Avenue, Richmond Hill, ON L4C7A7
Decision in favor of
landlord
Balance Owed to Landlord
$15,393
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Oct 2021
Order Date
Oct 25, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord 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.
Determinations
- Tenants have not paid total rent owed from September 15, 2020 to October 14, 2021
- Landlord served valid N4 Notice due to arrears
- Tenants in possession of rental unit
- Lawful monthly rent is $1,400
- Landlord not holding Last Month Rent Deposit
- Tenants paid $2,800 after application filed
Case Study
The Tenants have not paid the total rent they were required to pay, resulting in rent arrears. The Landlord served a valid N4 Notice, but the Tenants did not void the notice by paying the arrears. The Tenants are in possession of the rental unit, and the lawful monthly rent is $1,400. The Landlord is not holding a Last Month Rent Deposit. The Tenants paid $2,800 after the application was filed.
Arguments and Actions
Landlord
Arguments
Landlord rejected Tenant's proposed repayment plan, stating the arrears have caused financial hardship.
Tenant
Arguments
Tenant offered to enter into a $500/month repayment plan and vacate by October 31, 2021, but Landlord rejected this proposal.
Actions
Tenant testified he provided $13,000 cash to Realtor at start of tenancy, assuming it was for prepaid rent, but did not get a receipt. Tenant acknowledged owing rent arrears.
Decision Summary
The tenancy is terminated effective November 5, 2021. The Tenants must pay the Landlord $15,393.23, plus $46.03 per day starting October 26, 2021 until they vacate the unit. If the Tenants pay $16,286 on or before November 5, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
788
Landlord Favorable
51.6%
Tenant Favorable
3.0%
Mutual Agreement
45.3%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$15,207
Application Fee
$186
Total Owing
$15,393 (Owed to Landlord)
Source
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