Landlords Win Eviction Case Against Non-Paying Tenants in Scarborough: Yin Ying Wang and Ricky Wen Yue Li v Lisa Rachel Manwarren and Tyran Nicholson 2022
Landlords Win Big in Scarborough Rent Dispute Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
33 Belinda Square, Scarborough, ON M1W3M1
Decision in favor of
landlord
Balance Owed to Landlord
$13,580
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Jan 2022
Order Date
Jan 27, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
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.
Determinations
- Interest is owed to Tenants on rent deposit from July 16, 2021 to September 30, 2021
- Landlords collected $2,780.00 rent deposit, which is still being held
- Landlords incurred $49.00 in NSF cheque charges and $140.00 in related administration charges
- Landlords served valid N4 Notice effective September 30, 2021
- Lawful monthly rent is $2,780.00
- Tenants are in possession of the rental unit
- Tenants have made no payments since application was filed
- Tenants have not paid total rent owed from August 1, 2021 to January 31, 2022
Case Study
The Tenants disputed the amount of the arrears, stating they made additional payments after the application was filed. However, they did not provide any documentation to support this assertion prior to the hearing. The Tenants' request to submit additional documentation at the hearing was denied as it was contrary to the Board's rules. Given the amount of arrears, the short duration of the tenancy, and the fact that no payments have been made since October 2021, it would be unfair to grant the Tenants' request for a payment plan to void the eviction order.
Arguments and Actions
Landlord
Arguments
Landlords opposed the Tenants' request for a payment plan.
Tenant
Arguments
Tenants requested a payment plan to void the eviction order and continue the tenancy.
Actions
Tenants disputed the amount of arrears, claiming they made additional payments, but did not provide documentation to support this.
Procedural Errors
Tenants' request to submit additional documentation at the hearing was denied as it was contrary to the Board's rules.
Decision Summary
The tenancy is terminated effective February 7, 2022. The Tenants must pay the Landlords $13,580.01, which includes rent arrears, NSF cheque charges, and application filing fees, less the rent deposit and interest owed on the deposit. The Tenants must also pay $91.40 per day in compensation for continued occupation starting January 28, 2022. If the Tenants do not pay the full amount by February 7, 2022, they will owe interest, and the Landlords may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$2,780
Rent Arrears
$13,635
Application Fee
$186
Rent Deposit
$2,780
Deposit Interest
$1
Other Owed Amount
$189
NSF cheque charges and related administration charges
Total Owing
$13,580 (Owed to Landlord)
Source
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