Landlord Wins Non-payment Case: Babaei v Kusema 2023
Richmond Hill tenant ordered to pay $14071 or vacate by May 13 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 223 Harding Blvd, Richmond Hill, ON L4C8X4
Decision in favor of
landlord
Balance Owed to Landlord
$14,071
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2022
Hearing Date
Mar 2023
Order Date
May 2, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlords 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 in possession on application date
- Lawful rent is $1,100 due on 8th of each month
- No payments made since application filed
Case Study
The Landlords served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlords' evidence on the rent arrears was accepted, as the Tenant did not provide any evidence to dispute the amount.
Arguments and Actions
Tenant
Arguments
The Tenant testified that he disputes the amount of rent arrears, but did not provide any evidence to support his assertion.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,686 by May 7, 2023 or $17,786 by May 13, 2023 to void the order. If the Tenant does not void the order, they must vacate the unit by May 13, 2023 and pay the Landlord $14,071.44 plus daily compensation of $36.16 from March 28, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,100
Rent Arrears
$15,400
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$38
Total Owing
$14,071 (Owed to Landlord)
Source
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