Landlord Wins Eviction Case Against Tenant: Beaux Properties Management Company v Martinez
Landlord wins eviction case against tenant in Thornhill for non-payment and late rent, tenant's review request denied
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 170 Dudley Ave, Thornhill, ON L3T2E7
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2023
Tenancy End Date
Feb 2024
Hearing Date
Apr 2024
Order Date
Jul 4, 2024
Dispute Summary
The landlord applied for orders to terminate the tenancy due to non-payment of rent and persistent late payment of rent. The tenant requested a review of the orders issued on February 20, 2024 and February 5, 2024.
Determinations
- The tenant's children were occupants, not tenants, and the notices were correctly addressed to the tenant.
- The orders were distinct and there was no overlap or double dipping.
- The previous members' decisions on the s.83 considerations were within the reasonable range of outcomes and did not constitute an unreasonable exercise of discretion.
- The request for review is denied, but the L1 order is void as the tenant paid the amount to void it.
Case Study
The tenant argued that her children, listed as tenants on the lease, should have received notice of termination and that the infancy doctrine applied, protecting their contractual rights. However, the adjudicator found that the children were occupants, not tenants, and the notices were correctly addressed solely to the tenant. The adjudicator also addressed the tenant's concerns about potential double dipping and ambiguity in the orders, finding them to be without merit.
Arguments and Actions
Tenant
Arguments
The tenant's children should have received notice of termination and the infancy doctrine should apply to protect their contractual rights.
Decision Summary
The tenant's request for review is denied. However, the L1 order is void as the tenant paid the amount to void it. The stay on the L2 order will be lifted on August 31, 2024 to give the tenant time to find a new place to live.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$10,831
Total Owing
$10,831 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.