Landlord Wins Non-payment Case: Kaldas v Dadsetan 2024
Richmond Hill tenants face eviction for non-payment of $19066 in rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
612-9 Northern Heights Dr., Richmond Hill, ON L4B4M5
Decision in favor of
landlord
Balance Owed to Landlord
$19,066
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 5, 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 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 is $2,360.00 per month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
Landlord representative noted that the property's current mortgage payment exceeds the rental income, placing the Landlord at a significant financial disadvantage due to the Tenant's unpaid rent.
Actions
Landlord's representative indicated that after the Tenant fell into arrears, she sent a letter along with the N4 notice requesting a payment plan and urging the Tenant to get in touch. A similar communication was sent to the Tenant before the hearing, along with the Landlord's update sheet. In response to the Landlord's efforts, the Tenant emailed proposing a rent reduction from $2,360.00 to $500.00 per month, which the Landlord declined.
Tenant
Arguments
Tenant wishes to continue residing in the rental unit but is unable to pay rent for July or August 2024. His ability to meet the rent in September 2024 hinges on receiving OSAP that month.
Actions
Tenant testified that he, along with his wife and two children aged 11 and 5, have resided in the rental unit since October 2020. He explained that he experienced a reduction in income in December 2023 and has since struggled to secure a job that covers all his expenses.
Decision Summary
Unless the Tenant voids the order by paying $19,066.00 on or before July 31, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $12,710.95, 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
Consideration was given to the potential disruption for the Tenant's children if an eviction were enforced during the school year.
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
$2,360
Rent Arrears
$16,520
Application Fee
$186
Rent Deposit
$2,360
Deposit Interest
$129
Total Owing
$19,066 (Owed to Landlord)
Source
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