Landlord Wins Eviction Case: Banwait v Singh 2023
Brampton tenants ordered to pay $35000 in rent arrears and utility bills or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
28 Bison Run Rd, Brampton, ON L6R1R9
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 17, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and substantial interference. The application was filed after serving valid N4 and N5 notices, which the tenants did not void by paying the arrears.
Determinations
- N4 and N5 notices were properly served
- Tenants did not void notices by paying arrears
- Tenants still in possession at hearing date
- Lawful rent is $3,000 per month
- Tenants have not made any payments since application filed
- Tenants owe $35,000 in rent arrears and unpaid utilities
- Landlord incurred $186 in application filing fees
Case Study
The Tenants argued that the N4 and N5 notices were not properly served, but the evidence showed the notices were personally served by the Landlord's representative. The Tenants have not paid rent since moving in over a year ago and have also failed to pay utility bills. The Board found it would be unfair to grant relief from eviction given the Tenants' failure to pay rent and utilities.
Arguments and Actions
Tenant
Arguments
Tenants argued that the N4 and N5 notices were not properly served.
Actions
Tenants testified that a property has been sold for $30,000 which Tyrone Amar Singh will receive, but there was no evidence to support this.
Decision Summary
The tenancy is terminated unless the Tenants pay $35,000 to void the order by April 28, 2023. If the Tenants do not pay, they must vacate the unit by April 28, 2023 and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$35,000
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$59
Other Owed Amount
$1,745
Unpaid utility bills
Total Owing
$35,000 (Owed to Landlord)
Source
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