Landlord Wins Non-payment Case: Aslani v Osman 2024
Kanata tenant faces eviction for $29045 in rent arrears, ordered to pay $24914 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
357 Hillsboro Pvt, Kanata, ON K2M3B1
Decision in favor of
landlord
Balance Owed to Landlord
$24,914
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Apr 17, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent was $2,450, increased to $2,511.25 on 2024-01-01
- Tenant paid $3,050 since application filed
- Rent arrears owing to 2024-04-30 are $29,045
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate repayment agreement with Tenant in July 2023 but was unsuccessful.
Tenant
Arguments
Tenant argued Landlord should waive rent arrears due to agreement with company that guaranteed rent payments if Tenant lost employment.
Actions
Tenant lost employment in January 2023 and rent arrears began accumulating in March 2023. Tenant asked Landlord to sign N11 agreement to terminate tenancy within 60 days.
Decision Summary
The tenancy is terminated unless the Tenant pays $29,231 to void the order by 2024-04-28. If the Tenant does not void the order, they must pay the Landlord $24,913.78 and vacate the unit by 2024-04-28. The Landlord is entitled to daily compensation of $82.56 for use of the unit starting 2024-04-09 until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,511
Rent Arrears
$29,045
Application Fee
$186
Rent Deposit
$2,450
Deposit Interest
$16
Total Owing
$24,914 (Owed to Landlord)
Source
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