Landlord Wins Eviction Case Against Tenants for Non-Payment of Rent: Verma v Frankiewicz 2022
LTB Ruling: Landlord Wins Eviction for Unpaid Rent in Verma v Frankiewicz
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1813 Applerock Avenue, London, ON N6G 2S7
Decision in favor of
landlord
Balance Owed to Landlord
$18,432
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Aug 2022
Order Date
Sep 26, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord also applied to terminate the tenancy and evict the Tenants because the Tenants substantially interfered with the Landlord's reasonable enjoyment or lawful right, privilege or interest.
Determinations
- Landlord holds $2,400 rent deposit and $33.22 in interest
- Landlord incurred $201 in application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $3,900 per month
- Rent arrears owing to hearing date are $20,664.07
- Tenants did not void notice by paying arrears
- Tenants have paid $2,475.21 since application filed
- Tenants in possession on application date
- Tenants withheld rent for alleged maintenance issues but did not follow proper procedures
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Landlord is entitled to terminate the tenancy and evict the Tenants due to non-payment of rent. However, the Landlord's application to terminate the tenancy due to substantial interference was dismissed.
Arguments and Actions
Landlord
Arguments
Landlord argued that the lease should be terminated as void ab initio since the Tenants withheld the original copy of the lease from the Landlord.
Actions
Landlord Jyoti Verma testified that the Tenants altered parts of the original lease agreement.
Tenant
Arguments
Tenant Hazem Alsaadi argued that he was unable to review the Landlord's evidence or submit his own evidence due to health issues and inability to secure legal representation.
Actions
Tenants withheld rent for alleged maintenance issues but did not follow proper procedures.
Procedural Errors
Tenants did not follow proper procedures to withhold rent for maintenance issues.
Decision Summary
The tenancy is terminated unless the Tenants pay the full amount owing by the specified deadlines to void the order. If the Tenants do not void the order, they must vacate the unit by November 30, 2022. The Landlord's application to terminate the tenancy due to substantial interference was dismissed.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$3,900
Rent Arrears
$20,664
Application Fee
$201
Rent Deposit
$2,400
Deposit Interest
$33
Total Owing
$18,432 (Owed to Landlord)
Source
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