Landlord Wins Non-payment Case: Lam v Acharya 2023
Scarborough tenants ordered to pay $14136 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 60 Town Centre Crt, Scarborough, ON M1P0B1
Decision in favor of
landlord
Balance Owed to Landlord
$14,136
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Oct 2023
Order Date
Nov 1, 2023
Tenancy End Date
Nov 2023
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. 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 due on 4th of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Tenant
Actions
The tenant proposed a payment plan to pay $3,000 by November 30, 2023 and then $1,000 per month for 13 months. The tenant stated he would have to borrow money from family and friends to make the payments.
Decision Summary
The tenancy will be terminated on November 29, 2023 unless the tenants pay $14,136 by November 3, 2023 or $15,686 by November 29, 2023 to void the order. If the tenants do not pay, they must move out by November 29, 2023 and pay the landlord $13,605.20 in rent arrears and application fees, plus daily compensation of $50.96 from October 24, 2023 until they move out.
Reason for Eviction Relief
The Board postponed the eviction until November 29, 2023 to give the tenant more time to pay the arrears.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,550
Rent Arrears
$13,950
Application Fee
$186
Total Owing
$14,136 (Owed to Landlord)
Source
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