Landlord Wins Non-payment Case: Khan v Baloch 2024
Scarborough tenants evicted for non-payment of $27700 rent, ordered to pay $24691
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 28 Atkinson Ave, Scarborough, ON M1E4B7
Decision in favor of
landlord
Balance Owed to Landlord
$24,691
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 10, 2024
Tenancy End Date
Apr 2024
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. There was a dispute over whether Ibraheem Abdus-samad was a tenant and whether the tenant had sublet or assigned the unit to Idris Dawes without the landlord's consent.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,300 per month
- Rent arrears of $27,700 as of hearing date
- Landlord entitled to $186 application fee
- Tenant paid $4,000 since application filed
- Landlord holds $2,300 rent deposit plus $107.31 interest
Arguments and Actions
Tenant
Actions
Tenant Ibraheem Abdus-samad claimed he is not a tenant and should be removed from the application. Tenant also claimed to have sublet or assigned the unit to Idris Dawes, but could not provide evidence of landlord's consent.
Decision Summary
The tenancy is terminated unless the tenants pay $30,186 by April 21, 2024 to void the order. If the tenants do not pay, they must vacate the unit by April 21, 2024 and pay the landlord $24,691.09 plus daily compensation of $75.62 per day starting March 21, 2024.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$27,700
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$107
Total Owing
$24,691 (Owed to Landlord)
Source
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