Landlord Wins Non-payment Case: Housing York Inc. v Eshafi 2023
Richmond Hill tenant ordered to pay $4619 in rent arrears or vacate by July 31
Summarized by RentZenLast updated: September 12, 2024
Case Summary
421 Yonge Street, Richmond Hill, ON L4C0Z3
Decision in favor of
landlord
Balance Owed to Landlord
$4,619
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Hearing Date
Jun 2023
Order Date
Jul 6, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $445 due on 1st of each month
- Tenant paid $4,015 to LTB and $6,665 to Landlord
- Rent arrears owing to June 30, 2023 are $4,571.17
- Landlord incurred $186 application filing fee
Case Study
The Tenant failed to provide proper notice and evidence to raise section 82 issues regarding the fridge. The Landlord established the Tenant owed rent arrears, and the Tenant did not provide sufficient evidence to dispute the Landlord's claim.
Arguments and Actions
Landlord
Arguments
Landlord claims the Tenant's arrears have been long outstanding and the Tenant deducted the cost of the fridge from rent without the Landlord's knowledge or consent.
Tenant
Arguments
Tenant claims she does not owe the arrears the Landlord is claiming and she is not responsible for the cost of the fridge.
Actions
Tenant claims fridge was not working and she purchased a new fridge and deducted the cost from rent.
Procedural Errors
Tenant failed to provide proper notice and evidence to raise section 82 issues regarding the fridge.
Decision Summary
The tenancy is terminated effective July 31, 2023 unless the Tenant pays $5,202.17 by that date to void the order. If the Tenant does not pay, they must vacate by July 31, 2023 and pay the Landlord $4,619.40 plus daily compensation.
Reason for Eviction Relief
to allow the Tenant time to pay the arrears owed to the Landlord or find more suitable housing
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$445
Rent Arrears
$4,571
Application Fee
$186
Total Owing
$4,619 (Owed to Landlord)
Source
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