Landlord Wins Non-payment Case: Jin v Nkanku 2024
Mississauga tenant faces eviction for non-payment of $25400 in rent, ordered to pay $20108
Summarized by RentZenLast updated: November 3, 2024
Case Summary
3385 Beau Rivage Cres, Mississauga, ON L5L5H4
Decision in favor of
landlord
Balance Owed to Landlord
$20,108
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
Tenancy End Date
Jul 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,800 due on 1st of each month
- Tenant paid $5,600 since application filed
- Rent arrears owing to 2024-06-30 is $25,400
- Landlord incurred $186 application filing fee
- Landlord holds $2,800 rent deposit with $154.38 interest
Arguments and Actions
Landlord
Actions
Landlord sent rent reminders advising of the arrears and requesting payment arrangements, but Tenant did not respond or propose a payment schedule.
Tenant
Actions
Tenant stated she wishes to remain in the rental unit and proposed a payment plan to address the arrears.
Decision Summary
Unless the Tenant voids the order by paying $28,386 on or before July 31, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $20,107.77, which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenant will also owe $92.05 per day in compensation for use of the unit starting June 4, 2024 until they move out.
Reason for Eviction Relief
Considering the Landlord's attempts to negotiate a repayment agreement, the substantial arrears, and the credibility of the Tenant's evidence regarding their income and ability to meet the proposed payment plan, postponing the eviction until July 31, 2024 is fair and appropriate.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,800
Rent Arrears
$25,400
Application Fee
$186
Rent Deposit
$2,800
Deposit Interest
$154
Total Owing
$20,108 (Owed to Landlord)
Source
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