Landlord Wins Non-payment Case: Folkes v Founiapte 2024
Brampton landlord wins non-payment case, tenant ordered to pay $19645 but given extension to move out
Summarized by RentZenLast updated: October 13, 2024
Case Summary
130 Big Moe Cres, Brampton, ON L6P1J9
Decision in favor of
landlord
Balance Owed to Landlord
$19,645
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2024
Hearing Date
Jul 2024
Order Date
Aug 23, 2024
Tenancy End Date
Sep 2024
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,200 per month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
Landlord seeks termination of tenancy due to substantial rent arrears, as rental income is needed to pay expenses like mortgage and property taxes.
Actions
Landlord served valid N4 notice and filed application due to non-payment of rent. Landlord testified that non-payment is causing financial strain and mental health issues.
Tenant
Arguments
Tenant seeks to extend eviction date to allow them to finalize move to new home in Hamilton, which is scheduled to close in late August 2024. Tenant's children attend summer camp based on current address, and moving would disrupt their eligibility.
Actions
Tenant consistently paid rent in full and on time until October 2023. After receiving N12 notice, Tenant informed Landlord they could not move out by December 31, 2023 due to pregnancy and young children. Tenant currently lives in unit with fiancé and 3 children.
Decision Summary
Unless the Tenant voids the order by paying $28,986 by August 31, 2024 or $32,186 by September 20, 2024, the tenancy will be terminated effective September 20, 2024. If the Tenant does not void the order, they must pay the Landlord $19,645.04 and vacate the unit by September 20, 2024.
Reason for Eviction Relief
To allow Tenant to finalize move to new home and minimize disruption to children's summer activities
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$25,600
Application Fee
$186
Rent Deposit
$3,200
Deposit Interest
$162
Total Owing
$19,645 (Owed to Landlord)
Source
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