IMH Pool XIV LP v Silva - Landlord Wins Rent Arrears Case
Mississauga landlord wins $10730 rent dispute, tenants ordered to vacate by January 31, 2024
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 3480 Havenwood Dr, Mississauga, ON L4X2M8
Decision in favor of
landlord
Balance Owed to Landlord
$10,730
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Sep 2023
Order Date
Jan 3, 2024
Tenancy End Date
Jan 2024
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.
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
- Tenant paid $11,585 since application filed
Arguments and Actions
Tenant
Arguments
Tenant argues Landlord has 'sneakily' charged extra rent under the pretense of above-guideline increases.
Actions
Tenant disputes the rent arrears claimed by the Landlord, believes the rent should be $1,655 instead of $1,757.53. Tenant willing to repay arrears over 24-month period with additional $300 per month.
Decision Summary
Unless the Tenant voids the order by paying $10,730.47 by January 31, 2024, the tenancy will be terminated. If the tenant does not void the order, they must pay $1,094.14 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
Given the length of this tenancy and the Tenant's circumstances, a delay of 30 days is appropriate to allow the Tenants to either arrange for funding to pay off what they owe, or secure alternative accommodations.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,758
Rent Arrears
$3,675
Application Fee
$186
Rent Deposit
$1,629
Deposit Interest
$29
Other Owed Amount
$25
NSF charges
Total Owing
$10,730 (Owed to Landlord)
Source
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