Landlord Wins Non-payment Case: Ketan Patel v Shailee Chamberlain 2023
Etobicoke tenants evicted for non-payment of rent, owe $9524 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 6 Pamela Court, Etobicoke, ON M9V2C3
Decision in favor of
landlord
Balance Owed to Landlord
$9,524
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Hearing Date
Apr 2023
Order Date
May 26, 2023
Tenancy End Date
Jun 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 $1,200 due on 1st of each month
- No payments made since application filed
- Rent arrears of $10,800 as of hearing date
- Landlord incurred $201 application filing fee
- Tenant paid $1,200 rent deposit, with $23.85 interest owed
Case Study
The tenant requested an adjournment to seek legal representation, but the request was denied as the tenant did not take any steps to retain legal representation prior to the hearing. The landlord served a valid N4 notice, and the tenants did not void the notice by paying the arrears. The tenants raised maintenance issues, but there was insufficient evidence to determine the landlords were in serious breach of their obligations. Considering the circumstances, including the tenants' plan to move out by June 1, 2023, relief from eviction under section 83 was not granted.
Arguments and Actions
Landlord
Actions
Landlord indicated they addressed the mold issue within 2-3 days of being notified in September 2022 and were not notified of any other maintenance issues since then.
Tenant
Arguments
Tenants raised maintenance issues including lack of internet, air conditioning, and presence of mold, but provided limited documentary evidence.
Actions
Tenants indicated they will be moving out of the rental unit by June 1, 2023.
Decision Summary
The tenancy is terminated unless the tenant pays $12,201 by May 31, 2023 or $13,401 by June 6, 2023 to void the order. If the tenant does not void the order, they must pay $9,523.95 to the landlord and vacate the unit by June 6, 2023. The landlord is entitled to daily compensation of $39.45 for the tenant's continued occupation after the hearing date.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$10,800
Application Fee
$201
Rent Deposit
$1,200
Deposit Interest
$24
Total Owing
$9,524 (Owed to Landlord)
Source
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