Landlord Wins Non-payment Case: Alvi v Khan 2024
Burlington tenants evicted for non-payment of rent, owe $54726 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5327 Britannia Rd, Burlington, ON L7M0R9
Decision in favor of
landlord
Balance Owed to Landlord
$54,726
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Feb 2024
Order Date
Mar 21, 2024
Tenancy End Date
Apr 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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $7,000 per month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants stated they stopped paying rent due to maintenance issues in the rental unit.
Decision Summary
The tenancy is terminated unless the Tenants pay $54,726 by March 26, 2024 or $61,726 by April 1, 2024 to void the order. If the Tenants do not pay, they must vacate the unit by April 1, 2024. If they do not vacate, the Landlords may file the order with the Sheriff for enforcement. The Tenants are also ordered to pay $35,186 if the tenancy is terminated, which includes rent arrears and application costs, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$7,000
Rent Arrears
$47,500
Application Fee
$186
Rent Deposit
$7,500
Deposit Interest
$193
Other Owed Amount
$40
NSF charges
Total Owing
$54,726 (Owed to Landlord)
Source
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