IMH POOL XX LP v Zia Hakimi - LTB Ruling on Non-Payment of Rent
Landlord wins $11056 in rent dispute with Etobicoke tenants Erna and Zia Hakimi
Summarized by RentZenLast updated: September 12, 2024
Case Summary
70 Rexdale Boulevard, Etobicoke, ON M9W1N8
Decision in favor of
landlord
Balance Owed to Landlord
$11,056
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 18, 2023
Tenancy End Date
May 2023
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
- Tenants paid $6,728.78 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and the NSF charges, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
The Tenants testified that they fell into arrears due to financial problems caused during the COVID-19 pandemic.
Decision Summary
The tenancy will be terminated on May 31, 2023 unless the tenants pay $15,919.72 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $11,056.14 to the landlord, which includes rent arrears up to the hearing date, the cost of filing the application, and NSF charges, minus the rent deposit and interest on the deposit.
Reason for Eviction Relief
The Tenants fell into arrears due to financial problems caused during the COVID-19 pandemic.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$2,261
Rent Arrears
$13,372
Application Fee
$186
Rent Deposit
$2,180
Deposit Interest
$94
Other Owed Amount
$100
NSF charges
Total Owing
$11,056 (Owed to Landlord)
Source
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