Landlord Wins Rent Arrears Case: Razzak v Ashman 2024
Beamsville tenant ordered to pay $10012 or face eviction for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
5177 Mulberry Dr, Beamsville, ON L3J0J6
Decision in favor of
landlord
Balance Owed to Landlord
$10,012
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 13, 2024
Tenancy End Date
Jun 2024
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,560.00 due on 15th of each month
- No payments made since application filed
- Rent arrears owing to May 14, 2024 are $13,680.00
- Landlord incurred $186.00 in application filing fees
- Landlord holds $2,500.00 rent deposit with $140.07 interest
Case Study
The Tenant did not dispute the amount of the rental arrears, but stated that he would like to continue his tenancy. The Tenant explained that he is currently unemployed and receives around $1,000.00 from Ontario Works, and that finding alternate accommodations with roommates would not be a suitable option for him due to various medical conditions. The Tenant requested that the Board delay the eviction by thirty (30) to sixty (60) days. However, the Board found that it would be unfair to grant relief from eviction, as the Tenant was not able to propose a viable payment plan and is unable to pay the new rent as it becomes due or make payments towards the arrears.
Arguments and Actions
Tenant
Arguments
Tenant requested that the Board delay the eviction by thirty (30) to sixty (60) days.
Actions
Tenant is currently unemployed and receives $1,000 from Ontario Works. Tenant stated he has been actively looking for new employment opportunities but has not yet received any offers. Tenant explained that finding alternate accommodations with roommates would not be a suitable option due to various medical conditions.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,426.00 by June 14, 2024 or $18,986.00 by June 24, 2024 to void the order and continue the tenancy. If the Tenant does not void the order, the Tenant must pay $10,012.49 to the Landlord and vacate the unit by June 24, 2024. The Tenant will also owe daily compensation of $84.16 starting May 1, 2024 until the date the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
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Financial Details
Lawful Rent
$2,560
Rent Arrears
$13,680
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$140
Total Owing
$10,012 (Owed to Landlord)
Source
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