Landlord Wins Eviction Case: Hu v Bahraman 2024
Vaughan tenant ordered to pay $27566 in rent arrears or face eviction
Summarized by RentZenLast updated: October 13, 2024
Case Summary
193 Franklin Avenue, Vaughan, ON L4J7L4
Decision in favor of
landlord
Balance Owed to Landlord
$27,566
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Feb 6, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
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 was still in possession of 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 application date
- Lawful rent is $3,900 due on 17th of each month
- No payments made since application filed
Arguments and Actions
Tenant
Arguments
Tenant is seeking to preserve the tenancy and testified that she can pay $5,060.00 towards the arrears, in addition to the full rent each month, until the arrears are paid off.
Actions
Tenant stopped paying rent as she believed she had an agreement with the Landlord not to commence legal proceedings if she paid the amount owing set out in the N4 Notice. However, when she paid that amount, a new month of rent had become due, so she did not void the notice and the Landlord subsequently filed the L1 application. The Tenant did not provide a reasonable explanation as to why she refused to make any further payments to the Landlord up to the date of the hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays $27,566 by February 16, 2024 or $31,466 by February 29, 2024 to void the order. If the Tenant does not void the order, they must vacate the unit by February 29, 2024 and pay the Landlord $24,563.54 plus daily compensation.
Reason for Eviction Relief
The arrears are substantial and have continued to increase, despite the Tenant having no disruption in income. The Tenant is a single parent to two children. The eviction is being postponed to provide the Tenant with time to find new living arrangements.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$3,900
Rent Arrears
$27,300
Application Fee
$186
Other Owed Amount
$80
NSF charges
Total Owing
$27,566 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.