Landlord Wins Eviction Case: Giri v Rusanova 2023
Landlord regains Scarborough rental unit after evicting tenants for non-payment, interference, and personal use
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1328 Birchmount Rd, Scarborough, ON M1R0B6
Decision in favor of
landlord
Balance Owed to Landlord
$2,907
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Sep 2022
Order Date
Jan 6, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent, substantial interference, safety impairment, undue damage, and the Landlord's personal use of the rental unit. The Landlord served the Tenants with various notices, including an N4 for non-payment of rent, N5 and N7 for substantial interference and safety issues, and an N12 for the Landlord's personal use. The Tenants disputed the amount of rent arrears and the Landlord's good faith for the N12 application.
Determinations
- Landlord served valid N4, N5, N7, N12 notices
- Tenants did not void N4 notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,150 per month
- Landlord provided compensation for August 2022 rent
- Landlord established good faith for N12 application
- Tenant failed to prove cash rent payments
Case Study
The Landlord established that he served the Tenants with valid notices and that he genuinely requires the rental unit for his own residential use. The Tenant's testimony regarding cash rent payments was not supported by evidence. The Landlord is entitled to the rent arrears, application fee, and compensation for the Tenant's continued occupancy, less the rent deposit and interest.
Arguments and Actions
Landlord
Arguments
Landlord argued he genuinely requires the unit for his own residential use and should not be delayed in obtaining possession.
Actions
Landlord served valid notices, met with Tenants, and provided evidence of rent arrears and intent to occupy unit.
Tenant
Arguments
Tenant requested additional time to find a new unit due to language barriers and difficulty finding a unit that allows pets.
Actions
Tenant acknowledged not paying rent since application was filed. Tenant claimed partner made cash rent payments to Landlord, but could not provide evidence.
Aggravating Factors
Substantial interference, safety impairment, undue damage
Decision Summary
The tenancy is terminated effective February 6, 2023. The Tenants must vacate the unit by that date. If they do not, the Landlord may file the order with the Sheriff for enforcement. The Tenants must pay the Landlord $2,907.08 in rent arrears, application fee, less the rent deposit and interest. The Tenants must also pay the Landlord $70.68 per day in compensation for continued occupancy after September 7, 2022 until they move out.
Reason for Eviction Relief
To allow the Tenant additional time to find a new unit
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$2,150
Rent Arrears
$6,550
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$103
Total Owing
$2,907 (Owed to Landlord)
Source
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