Landlord Wins Non-payment Case: Sherobee Investments Inc v Jhajj 2022
LTB Rules on $5414 Rent Arrears: Sherobee Investments Inc v Jhajj Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 45 Paisley Boulevard, Mississauga, ON L5B 1E4
Decision in favor of
landlord
Balance Owed to Landlord
$5,414
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jun 2022
Order Date
Jul 5, 2022
Dispute Summary
Landlords 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. Kritika Sharma was not in possession of the rental unit at the time of the application, so the order was only made against Prabhjot Jhajj.
Determinations
- KS not in possession when application filed
- KS obtained landlord's consent to vacate in February 2021
- Landlord incurred $201 in filing costs
- Landlord served valid N4 Notice
- Lawful rent is $1,974 due on 1st of each month
- PJ agreed to sever joint tenancy in February 2021
- Rent arrears to June 30, 2022 are $5,213
- Tenant did not void notice by paying arrears
Case Study
The Board can only make an order against a tenant in possession of the rental unit at the time of the application. Since Kritika Sharma was not in possession, the order was only made against Prabhjot Jhajj. The Landlords served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Arguments and Actions
Tenant
Actions
Tenant Kritika Sharma obtained landlord's consent to vacate in February 2021. Tenant Prabhjot Jhajj agreed to sever joint tenancy in February 2021.
Decision Summary
The Tenant Prabhjot Jhajj is ordered to pay $5,414 to the Landlords, which includes rent arrears up to June 30, 2022 and the cost of filing the application. The Tenant is to make payments according to a specified schedule, and if they fail to do so, the Landlords may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,974
Rent Arrears
$5,213
Application Fee
$201
Total Owing
$5,414 (Owed to Landlord)
Source
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