Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Zhang v Yacoub 2021
Landlord wins eviction case against tenant owing $8636 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
837 Indian Road, Mississauga, ON L5H1R4
Decision in favor of
landlord
Balance Owed to Landlord
$4,017
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Mar 2021
Order Date
Mar 23, 2021
Tenancy End Date
May 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful rent is $4,300 per month
- Landlord holds $4,300 rent deposit
- Tenant paid $24,600 after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 25, 2020 to March 24, 2021. Because of the arrears, the Landlord served a Notice of Termination effective August 28, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $4,300.00. The Landlord collected a rent deposit of $4,300.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from February 28, 2020 to August 28, 2020. The Tenant paid $24,600.00 after the application was filed.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenant's request for delayed eviction, arguing that no relief from eviction should be granted as the Tenant had no intention to pay back the full amount of arrears owing, and the amount outstanding was substantial.
Tenant
Arguments
Tenant requested that eviction be postponed until May 1, 2021, as she had nowhere to go until then.
Actions
Tenant testified that she fell behind on rent because her husband passed away, and she lived at the rental unit with her 17 year-old son. She proposed applying the last month's rent deposit to the month of April, and making a payment of $500 to the Landlord for the period of April 25 to May 1.
Decision Summary
The tenancy is terminated effective May 1, 2021. The Tenant must pay the Landlord $3,831.38, which represents the amount of rent owing and compensation up to March 23, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $141.37 per day for compensation for the use of the unit starting March 24, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 1, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 1, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$4,300
Rent Arrears
$8,636
Application Fee
$186
Rent Deposit
$4,300
Deposit Interest
$48
Total Owing
$4,017 (Owed to Landlord)
Source
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