Landlord Wins Non-payment Case: CAPREIT LIMITED PARTNERSHIP v Mohamed 2024
Gloucester tenants face eviction for non-payment of rent, owe $19644 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2612 Fox Hollow Cres, Gloucester, ON K1T1X4
Decision in favor of
landlord
Balance Owed to Landlord
$19,644
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 11, 2024
Tenancy End Date
Apr 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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $4,200 since application filed
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $21,956.74 on or before April 30, 2024. If the Tenant does not void the order, the Tenant must pay $19,644.46 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application. The Tenant must also pay daily compensation of $70.42 for each day of occupation starting March 29, 2024.
Reason for Eviction Relief
The Tenant has four kids, receives child benefits and has been on sick leave, and additional time is given for the Tenant to sort out his finances.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$2,142
Rent Arrears
$19,629
Application Fee
$186
Total Owing
$19,644 (Owed to Landlord)
Source
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