Landlord Wins Eviction Case Against Non-Paying Tenants in Mississauga: ashfa v Butt 2024
Mississauga landlord awarded $12186 in rent arrears and eviction order against non-paying tenants
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 7289 Terragar Blvd, Mississauga, ON L5N7L8
Decision in favor of
landlord
Balance Owed to Landlord
$12,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
May 8, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord 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
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,400 per month, due on 1st
- No payments made since application filed
- Rent arrears of $10,600 as of hearing date
- Landlord incurred $186 application filing fee
Case Study
The Tenant's Representative raised the issue of the validity of the N4 Notice, stating that the Tenant's unit was one of three units in the basement and therefore not properly identified. However, the N4 Notice, Certificate of Service and Application all noted the Tenant's rental unit as Unit B, and the Tenant's Representative provided no evidence to support that the unit should be identified differently. The adjudicator was satisfied that the N4 Notice correctly identified the rental unit.
Arguments and Actions
Landlord
Aggravating Factors
Landlord suffering from health issues and unable to work, relying on rental income to cover mortgage and expenses. Landlord's wife also has health issues and is unable to retire due to financial strain caused by non-payment of rent.
Tenant
Actions
Tenant Sarwat Shoaib testified that she is hoping to gain full-time employment in the next two months.
Aggravating Factors
Tenant Sarwat Shoaib is the only one residing in the unit, as her husband had left and was out of the country. She is only working part-time, earning $600-$700 per month, which is barely enough to cover the basics.
Decision Summary
The tenancy will be terminated on May 19, 2024 unless the Tenant pays $12,186 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by May 19, 2024 and pay the Landlord $8,694.67 plus $46.03 per day in compensation starting April 17, 2024.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$10,600
Application Fee
$186
Rent Deposit
$1,400
Deposit Interest
$28
Total Owing
$12,186 (Owed to Landlord)
Source
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