Landlord Wins Non-payment Case: JEFFS v Kohl 2023
North York tenants ordered to pay $20257 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 15 Herzberg Gardens, North York, ON M3J3P5
Decision in favor of
landlord
Balance Owed to Landlord
$20,257
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Aug 25, 2023
Tenancy End Date
Sep 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. 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 is $2,432.10 per month
- Tenant paid $14,025.68 since application filed
- Rent arrears owing to March 31, 2023 are $7,910.30
- Landlord incurred $186 in filing costs
Case Study
The landlord served a valid N4 notice, and the tenants did not void the notice by paying the rent arrears. The landlord's refusal to consent to the tenants' request to sublet the unit was found to be arbitrary or unreasonable, but the tenants did not comply with the requirements to terminate the tenancy under section 95(4) of the Act. Therefore, the tenants are responsible for the full rent arrears.
Arguments and Actions
Landlord
Actions
Landlord conceded receiving about 3 sublet applications from tenants, but did not respond as they did not meet the required standard.
Tenant
Arguments
Tenants argued landlord arbitrarily or unreasonably withheld consent to sublet the unit.
Actions
Tenants agreed they had not paid rent since January 1, 2022, but claimed the arrears were due to one tenant vacating the unit. Tenants submitted applications to landlord to sublet, but landlord did not respond.
Procedural Errors
Tenants did not provide landlord with N9 notice of termination within 30 days of request to sublet, as required under the Act.
Decision Summary
The tenancy is terminated unless the tenants pay $20,256.80 by August 31, 2023 or $22,688.90 by September 5, 2023 to void the order. If the tenants do not pay, they must vacate the unit by September 5, 2023 and pay $7,823.12 in rent arrears and application costs. The landlord is entitled to daily compensation of $79.96 from March 28, 2023 until the tenants vacate.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$2,432
Rent Arrears
$7,910
Application Fee
$186
Total Owing
$20,257 (Owed to Landlord)
Source
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