Landlord Wins Eviction Case Against Non-Paying Tenant in Woodbridge: Sivapalan v Bonollo 2021
Landlord wins eviction case against non-paying tenant in Woodbridge, tenant ordered to pay $30000 in arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
8440 Martin Grove Road, Woodbridge, ON L4L6G3
Decision in favor of
landlord
Balance Owed to Landlord
$30,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Mar 2021
Order Date
Apr 6, 2021
Tenancy End Date
Apr 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay rent as ordered in a previous LTB order. The Tenant filed a motion to set aside the order.
Determinations
- Tenant breached previous LTB order by failing to pay $7,000 by December 31, 2020
- Tenant has not made any payments to Landlord since July 2020
- Tenant received $25,000 in income in February and March 2020 but did not pay Landlord
- Landlord is experiencing financial difficulties due to non-payment of rent
- Eviction order will not be set aside, but stay is granted until April 15, 2021 due to elderly occupants
Case Study
The Landlord's L4 application was filed within the 30-day deadline after the breach. The Tenant breached the previous LTB order by failing to pay the required rent. The Tenant had substantial income during the payment plan period but did not pay the Landlord even a token amount. Considering the Landlord's financial difficulties due to the non-payment, it would be unfair to set aside the eviction order. However, a stay is granted until April 15, 2021 due to the presence of two elderly occupants in the rental unit.
Arguments and Actions
Landlord
Actions
Landlord is experiencing financial difficulties due to the non-payment of rent by the Tenant.
Tenant
Arguments
Tenant argued that the Landlord's L4 application was filed more than 30 days after the breach and should have been dismissed.
Actions
Tenant breached previous LTB order by failing to pay $7,000 by December 31, 2020. Tenant received $25,000 in income in February and March 2020 but did not pay Landlord.
Decision Summary
The motion to set aside the previous eviction order is denied. The eviction order remains in force, but the stay is lifted on April 15, 2021 to allow for the elderly occupants.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$30,000
Total Owing
$30,000 (Owed to Landlord)
Source
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