Eid v Inbamohan - Landlord Wins Rent Arrears Case at LTB
Mississauga tenants ordered to pay $8291 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 349 Rathburn Road West, Mississauga, ON L5B0G9
Decision in favor of
landlord
Balance Owed to Landlord
$1,321
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Sep 2023
Order Date
Nov 17, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 at the time of the hearing.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,500 per month
- Tenants owe $3,090 in rent arrears
Case Study
The landlords served a valid N4 notice, and the tenants did not void the notice by paying the rent arrears. The board found that the lawful rent was $2,500 per month starting April 1, 2023, and the tenants owed $3,090 in rent arrears as of the hearing date. The board considered the tenants' arguments about the rent increase, but found that the increases were lawful under the Residential Tenancies Act.
Arguments and Actions
Tenant
Arguments
Tenants argued the rent increase was not done in accordance with the Residential Tenancies Act, and the rental amount was too high and unfair.
Actions
Tenants continued to pay what they believed to be the lawful rent plus an additional $200 per month.
Decision Summary
The tenancy is terminated unless the tenants pay $8,291 to void the order by November 30, 2023. If the tenants do not pay, they must vacate the unit by November 30, 2023 and pay the landlords $1,320.62 plus daily compensation of $82.19 per day starting September 29, 2023.
Reason for Eviction Relief
The tenants fell into arrears due to a genuine misunderstanding about the law, and the board found it would be fair to postpone the eviction to provide the tenants time to find new living arrangements or pay back the arrears.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,500
Rent Arrears
$3,090
Application Fee
$201
Rent Deposit
$1,750
Deposit Interest
$22
Total Owing
$1,321 (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.