Landlord Wins Eviction Case Against Non-Paying Tenant in Toronto: Salib v Gravelle 2021
Toronto landlord awarded $11700 in rent arrears and costs after successful eviction of non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1112 King Street W, Toronto, ON M5V2W7
Decision in favor of
landlord
Balance Owed to Landlord
$11,703
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Mar 2021
Order Date
Mar 31, 2021
Tenancy End Date
Apr 2021
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 was still in possession of the rental unit on the hearing date.
Determinations
- Tenant has not paid rent from August 1, 2020 to March 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Landlord not holding rent deposit
- Tenant did not respond to Landlord's payment agreement offer
Case Study
The arrears of rent are considerable, and it would be highly prejudicial to the Landlord to grant a lengthy payment plan, as requested by the Tenant, as the Landlord has not received any payments from the Tenant since the application was filed.
Arguments and Actions
Landlord
Arguments
Landlord rejected the tenant's proposal, stating the arrears were significant and the tenant had not made any payments after the application was filed.
Tenant
Arguments
Tenant requested a payment plan to resolve the arrears within one year or a postponement of the eviction to allow time to find alternative housing.
Actions
Tenant was unable to work for several months due to a work injury, resulting in rent arrears.
Decision Summary
The tenancy is terminated effective April 11, 2021. The tenant must pay the landlord $11,703.10, which includes rent arrears up to March 31, 2021 and the cost of filing the application. If the tenant does not pay the full amount by April 11, 2021, the landlord may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$11,560
Application Fee
$186
Total Owing
$11,703 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.