Landlord Wins Non-payment Case: Akhondi v Salehi 2024
Newmarket tenants evicted for non-payment of $33000 in rent, ordered to pay $27109 to landlords
Summarized by RentZenLast updated: October 13, 2024
Case Summary
109 Don Mor Dr, Newmarket, ON L3Y1G9
Decision in favor of
landlord
Balance Owed to Landlord
$27,109
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Nov 2023
Order Date
Feb 21, 2024
Tenancy End Date
Mar 2024
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. There was a dispute over the terms of the lease agreement regarding the rental unit.
Determinations
- N4 Notice accurately identified rental unit
- Landlords' testimony more credible than Tenants'
- Tenants did not void N4 Notice by paying arrears
- Tenants still in possession of rental unit
- Lawful rent is $3,100 per month
- Rent arrears of $33,000 as of hearing date
- Landlords incurred $186 in application filing fees
- Landlords hold $3,100 rent deposit
Arguments and Actions
Tenant
Actions
Tenants believed they were renting the entire house, including the basement unit, and that the basement tenant would pay rent directly to them.
Decision Summary
The tenancy is terminated unless the Tenants pay $42,486 by March 3, 2024 to void the order. If the Tenants do not void the order, they must pay $27,108.71 to the Landlords and vacate the unit by March 3, 2024. If the unit is not vacated, the Landlords may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$3,100
Rent Arrears
$33,000
Application Fee
$186
Rent Deposit
$3,100
Deposit Interest
$81
Total Owing
$27,109 (Owed to Landlord)
Source
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