Landlord Wins Non-payment Case: Hassanzadeh Esfahani v Mehdizadeh Naderikhoo 2023
North York tenants evicted for non-payment of rent, owe $5099 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
7 Bishop Ave North, North York, ON M2M4J4
Decision in favor of
landlord
Balance Owed to Landlord
$5,099
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Jul 2023
Order Date
Aug 22, 2023
Tenancy End Date
Sep 2023
We estimate Application Date using rent arrears.
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Landlord offered payment plan, but tenants could not afford
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord offered a payment plan, but the tenants could not afford even the minimum amount. The tenancy was found to be not viable.
Arguments and Actions
Landlord
Actions
Landlord offered a payment plan of $500 per month, but tenants could only afford $250 per month.
Tenant
Actions
Tenants did not pay the full rent arrears to void the N4 notice.
Decision Summary
The tenancy is terminated unless the tenants pay $10,786 by August 31, 2023 or $12,786 by September 2, 2023 to void the order. If the tenants do not pay, they must move out by September 2, 2023 and pay the landlord $5,099.04 plus daily compensation of $65.75 from July 5, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$8,600
Application Fee
$186
Rent Deposit
$1,890
Deposit Interest
$60
Total Owing
$5,099 (Owed to Landlord)
Source
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