Landlord Wins Eviction Case: Chen v Gaiduk 2024
Markham landlord awarded $35186 from tenants for non-payment of rent and denial of entry
Summarized by RentZenLast updated: October 13, 2024
Case Summary
31 Captain Rolph Blvd, Markham, ON L3P2P7
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
May 6, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for substantially interfering with the Landlord's lawful right to enter the rental unit. The Landlord served valid N4 and N5 notices, which the Tenants did not void. The Tenants had accumulated significant rent arrears exceeding the Board's monetary jurisdiction.
Determinations
- Landlord served valid N4 and N5 notices
- Tenants did not void notices by paying arrears or allowing entry
- Tenants in possession on application date
- Lawful rent is $2,600 per month due on 15th
- Rent arrears of $41,600 as of hearing date
- Landlord incurred $186 in application filing fees
Arguments and Actions
Tenant
Arguments
Tenant argued that the consent to email service in the lease did not apply to eviction notices, and that the notices were not valid because they were served on a weekend.
Actions
Tenant denied entry to the Landlord on October 21, 2022, October 29, 2022, and November 13, 2022, despite proper notice.
Decision Summary
The Landlord's L1 application for non-payment of rent is granted. The tenancy is terminated unless the Tenant pays $46,986 by May 17, 2024 to void the order. If the Tenant does not void the order, they must pay $35,186 and vacate the unit by May 17, 2024. The Landlord's L2 application for substantial interference is granted, but the Tenant is granted relief from eviction subject to conditions.
Reason for Eviction Relief
The Tenant acted on the advice of their legal representative in denying entry, and the Landlord has been able to access the unit for inspection. Future prejudice can be reduced if the Tenant complies with future notices of entry.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$41,600
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$114
Total Owing
$35,186 (Owed to Landlord)
Source
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