Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto: Rossvan Apartments v Shirazi 2021
Toronto landlord awarded eviction and $8000 judgment against non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
79 Clearview Heights, Toronto, ON M6M2A4
Decision in favor of
landlord
Balance Owed to Landlord
$8,345
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2020
Hearing Date
Jul 2021
Order Date
Jul 12, 2021
Tenancy End Date
Jul 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 had not vacated the rental unit by the hearing date.
Determinations
- Tenant has not paid rent from August 1, 2020 to July 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $741.39
- Rent arrears of $8,158.60 as of hearing date
- Landlord incurred $186.00 in application filing costs
- Landlord holds $741.39 rent deposit
- Interest owed to Tenant on rent deposit from April 1, 2020 to November 15, 2020
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from August 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective November 15, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $741.39. The arrears of rent owing for the period ending July 31, 2021, as of the date of hearing were $8,158.60. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. The Landlord collected a rent deposit of $741.39 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 April 1, 2020 to November 15, 2020.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent from August 1, 2020 to July 31, 2021.
Decision Summary
The tenancy is terminated effective July 23, 2021. The Tenant must pay the Landlord $6,924.51 (less any payments made after July 5, 2021), which represents the rent arrears and compensation up to July 12, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $24.37 per day for compensation for use of the unit starting July 13, 2021 until the Tenant moves out, and $186.00 for the application filing costs. If the Tenant does not pay the full amount by July 23, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by July 23, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
81.3%
Tenant Favorable
9.4%
Mutual Agreement
9.4%
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Financial Details
Lawful Rent
$741
Rent Arrears
$8,159
Application Fee
$186
Rent Deposit
$741
Deposit Interest
$10
Total Owing
$8,345 (Owed to Landlord)
Source
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