Landlord Wins Eviction Case: Daniels Gateway Rental Communities v Yue Yang Rainman Hong
Mississauga tenants ordered to pay $12283 or vacate by June 30 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 3035 Artesian Dr, Mississauga, ON L5M7S7
Decision in favor of
landlord
Balance Owed to Landlord
$12,283
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 8, 2023
Tenancy End Date
Jun 2023
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 had also received an N8 notice previously.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent was $1,975.05, increased to $2,024.42
- Rent arrears owing to May 31, 2023 are $10,072.73
- Landlord incurred $186 application filing fee
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants felt justified in withholding rent payments and the adjudicator was not convinced they would adhere to a payment plan. However, additional time was granted to allow the tenants' children to complete their school year.
Arguments and Actions
Landlord
Arguments
Landlord sought an eviction within 11 days and stated they attempted to negotiate a payment agreement with the tenants.
Tenant
Arguments
Tenants requested a payment plan of approximately six months to address the rent arrears and ongoing monthly rent.
Actions
Tenant Mr. Hong testified that he has lived in the rental unit with his wife and children for 15 years. He has had difficulty with income due to Covid-19. Mr. Hong stated he received an N8 notice and stopped paying rent to 'reserve funds in case we lost the case'.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the tenants pay $12,283.15 by that date to void the order. If the tenants do not pay, they must vacate the unit and pay the landlord $7,459.56 plus daily compensation of $66.56 from May 26, 2023 until they move out.
Reason for Eviction Relief
To allow the tenants' children to complete their current school year
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,024
Rent Arrears
$10,073
Application Fee
$186
Rent Deposit
$1,975
Deposit Interest
$464
Total Owing
$12,283 (Owed to Landlord)
Source
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