Landlord Wins Non-payment Case: Nakib v Marks 2024
Crystal Beach landlords win $9906 in rent arrears case, tenant faces eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
402 Cambridge Rd W, Crystal Beach, ON L0S1B0
Decision in favor of
landlord
Balance Owed to Landlord
$9,906
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 13, 2024
Tenancy End Date
Jun 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. 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 $2,350 due on 1st of each month
- Rent arrears to hearing date are $14,180
Arguments and Actions
Landlord
Actions
Landlord testified that he was having financial difficulties and was carrying a 12% interest loan to finance the rental unit.
Tenant
Actions
Tenant has been trying to find a new place to live for a while and has been unsuccessful. The Tenant is going through a breakup and has had a tough time mentally and emotionally. Two children reside at the rental unit on a full-time basis and one is there every other weekend. The Tenant was hoping to stay at the rental unit at least until the end of the school year so his daughter could graduate before the Tenant is evicted.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $16,716 by May 31, 2024 or $19,066 by June 14, 2024. If the Tenant does not void the order, they must vacate the unit by June 14, 2024 and pay the Landlord $9,905.51 plus daily compensation of $77.26 from April 5, 2024 until the date they move out.
Reason for Eviction Relief
Tenant has children attending school in the area and has experienced personal difficulties
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$2,350
Rent Arrears
$14,180
Application Fee
$186
Rent Deposit
$2,350
Deposit Interest
$70
Total Owing
$9,906 (Owed to Landlord)
Source
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