Landlord Wins Eviction Case Against Long-Term Tenant in Toronto: Silvercore Properties Inc v Khalfani Marcus John 2021
Toronto landlord successfully evicts long-term tenant owing $7687 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 40 Clearview Heights, Toronto, ON M6M2A1
Decision in favor of
landlord
Balance Owed to Landlord
$7,184
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Dec 20, 2021
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served a valid N4 Notice and N8 Notice, which the Tenant did not void by paying the arrears.
Determinations
- Tenant has not paid rent from April 1, 2021 to November 30, 2021
- Landlord collected a rent deposit of $948.87
- Interest on rent deposit owed to Tenant from January 1, 2021 to April 29, 2021
- Tenant made no payments since application filed
- Parties agreed Tenant owed $7,687.97 as of hearing date
- Landlord's L2 application based on N8 notice served on July 20, 2021
- N8 notice alleged Tenant failed to pay rent on time 10 out of 12 months
- Tenant did not dispute contents of N8 notice
- Tenant failed to pay rent on time from August to November 2021
Case Study
The Tenant has been residing in the rental unit for approximately 16 years and his sole income is $700 per month from Ontario Works. The Tenant proposed a repayment plan starting January 1, 2022, which would take approximately 28 months to pay the arrears in full. The Tribunal found it would be fair to allow the Tenant the opportunity to preserve the tenancy by voiding the order for non-payment of rent, provided the Tenant meets the conditions set out in the order.
Arguments and Actions
Landlord
Actions
Landlord served a letter on September 24, 2021 advising Tenant of rent arrears and providing a blank repayment agreement form, but Tenant did not respond or make any payments.
Tenant
Actions
Tenant has been off work since September 2019 due to injury, and his sole income is $700 per month from Ontario Works. Tenant proposed a repayment plan starting January 1, 2022 to pay arrears over 28 months.
Decision Summary
The tenancy is terminated effective January 31, 2022 unless the Tenant voids the order by paying $8,636.84 by December 31, 2021 or $9,585.71 by January 31, 2022. If the Tenant voids the order, the Tenant must pay the monthly rent on time for 12 months starting February 2022 or the Landlord can apply to terminate the tenancy.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Rent Arrears
$7,487
Application Fee
$201
Rent Deposit
$949
Deposit Interest
$0
Total Owing
$7,184 (Owed to Landlord)
Source
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