Landlord Wins Eviction Case: Khoshaba v Franze 2024
London landlord wins eviction and $18286 judgment against tenants who breached previous LTB order
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1725 Ernest Ave, London, ON N6E2W3
Decision in favor of
landlord
Balance Owed to Landlord
$18,286
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
May 2024
Order Date
May 27, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to their failure to meet a condition specified in a previous order issued by the Board on March 14, 2024. The Tenants failed to pay the monthly rent for April 2024 on or before the due date.
Determinations
- Previous order LTB-L-058337-23 allowed Landlord to apply without notice to terminate tenancy if Tenants did not meet conditions
- Tenants breached order by failing to pay April 2024 rent on time
- Application filed within 30 days of breach
- Tenants owed $14,500 from previous order
- Tenants owed $5,704.60 for rent from Feb 1 to May 16, 2024
- Landlord entitled to daily compensation of $61.35 from May 17, 2024 until Tenants move out
- Landlord held $1,800 rent deposit with $118.11 interest owed to Tenants
- Relief from eviction under section 83 denied as Tenants did not attend to provide evidence
Arguments and Actions
Landlord
Arguments
Landlord argued Tenants provided inaccurate information at original hearing and proposed a payment plan they knew they could not meet.
Tenant
Actions
Tenants failed to pay April 2024 rent on time as required by previous order.
Decision Summary
The tenancy is terminated effective June 7, 2024. The Tenants must pay the Landlord $18,286.49 plus $61.35 per day from May 17, 2024 until they vacate the unit. If the Tenants do not pay the full amount by June 7, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,866
Rent Arrears
$20,248
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$118
Total Owing
$18,286 (Owed to Landlord)
Source
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