Landlord Wins Eviction Case: Chen v Potofsky 2024
Aurora tenant faces eviction for $89800 in rent arrears and interfering with landlord, ordered to pay $35186
Summarized by RentZenLast updated: November 3, 2024
Case Summary
90 Treegrove Cir, Aurora, ON L4G6L9
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Aug 13, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and for interfering with others, damage or overcrowding. The Landlord served valid N4 and N5 notices, but the Tenant did not void the notices. The Tenant had substantial rent arrears and failed to comply with an interim order to pay rent and provide evidence.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $4,250 per month
- Tenant has not made any payments since application filed
- Rent arrears to July 31, 2024 are $89,800
- Landlord incurred $186 in filing costs
- Landlord holds $4,200 rent deposit with $225.88 interest
- Landlord served valid N5 Notice
- Tenant did not void N5 notice
- Tenant interfered with quiet enjoyment by not paying water/wastewater charges
Arguments and Actions
Landlord
Actions
Landlord made many attempts to establish a payment plan with the Tenant, but the communications became aggressive with the Tenant refusing to pay rent.
Tenant
Actions
Tenant did not pay rent since December 2022 and refused to pay until various maintenance issues were completed by the Landlord.
Decision Summary
The tenancy is terminated. The Tenant must pay the Landlord $35,186 by August 24, 2024, which includes rent arrears, water/wastewater charges, and the application filing fee, minus the rent deposit and interest. If the Tenant does not pay by the due date, the Landlord may file the order with the Sheriff for enforcement. The Tenant is also ordered to pay daily compensation of $139.73 for each day of occupation after the hearing date.
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$4,250
Rent Arrears
$89,800
Application Fee
$186
Rent Deposit
$4,200
Deposit Interest
$226
Other Owed Amount
$2,851
Water/Wastewater Charges
Total Owing
$35,186 (Owed to Landlord)
Source
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