Abraham Assefa v Kong - Landlord Wins Eviction Case
Oshawa tenants evicted for non-payment of rent, ordered to pay $9395 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2536 Kentucky Derby Way, Oshawa, ON L1L0K3
Decision in favor of
landlord
Balance Owed to Landlord
$9,395
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Mar 2024
Order Date
Aug 19, 2024
Tenancy End Date
Oct 2024
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 and persistent late payment of 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. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Tenants wanted to raise issues under section 82(1) but did not provide required advance disclosure
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $4,800 per month due on 1st
- Tenants paid $12,550 after application filed
- Rent arrears to hearing date are $14,550
- Landlord incurred $186 application filing fee
- Landlord holds $4,800 rent deposit with $160.11 interest
- Parties consented to pay on time order for L2 application
Arguments and Actions
Landlord
Arguments
Landlord's representative submitted that the Landlord is at risk of having a significant amount in the arrears accrued surpassing the jurisdictional limit of the Board if a payment plan was ordered, and opposed the payment plan.
Actions
Landlord testified that attempts were made to negotiate a payment plan with the Tenants, but no agreement was reached.
Tenant
Arguments
Tenants requested a payment plan to pay down the arrears, proposing to pay $1,000 per month in addition to the monthly rent for 14 months.
Actions
Tenants testified that the grandmother of one of the Tenants fell ill, requiring the Tenant's mother to travel back and forth, incurring unforeseen expenses such as plane tickets. The Tenant's grandmother has since passed away, and the Tenant's mother is currently on sick leave but expected to return to work soon.
Procedural Errors
Tenants did not provide the Landlord with the list of issues and supporting evidence at least 7 days before the hearing as required by LTB Rule of Procedure 19.4.
Decision Summary
Unless the Tenants void the order by paying the outstanding amount, the tenancy will be terminated effective October 31, 2024. If the Tenants do not void the order, they must pay the Landlord $9,394.57 which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenants are also ordered to pay daily compensation for occupying the unit after the termination date.
Reason for Eviction Relief
Tenants requested a payment plan and demonstrated financial hardship due to unexpected expenses
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$4,800
Rent Arrears
$14,550
Application Fee
$186
Rent Deposit
$4,800
Deposit Interest
$160
Total Owing
$9,395 (Owed to Landlord)
Source
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