Landlord Wins Non-payment Case: Fazl Ersi v Cross 2024
Stoney Creek tenants face eviction for $18900 rent arrears after failing to attend LTB hearing
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 104 Frances Ave, Stoney Creek, ON L8E5W9
Decision in favor of
landlord
Balance Owed to Landlord
$15,401
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Mar 2024
Order Date
Apr 5, 2024
Tenancy End Date
Apr 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants did not void the N4 Notice by paying rent arrears and were not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession of rental unit
- Lawful rent is $2,700.00
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord experiencing difficulty paying mortgage due to Tenants' non-payment
Tenant
Actions
Tenants did not pay rent and did not attend hearing
Decision Summary
Tenancy terminated unless Tenants void the order by paying $21,786.00 by April 16, 2024. If not paid, Tenants must move out and pay $15,401.30 to Landlord, plus daily compensation of $88.77 from March 21, 2024.
Adjudicator Details
LTB Member
Total Orders
28
Landlord Favorable
78.6%
Tenant Favorable
17.9%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$18,900
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$60
Total Owing
$15,401 (Owed to Landlord)
Source
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