Landlord Wins Non-payment Case: Nojavan v Mosadegh 2024
Richmond Hill tenants face eviction for $82500 in non-payment of rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
78 Yongehurst Rd, Richmond Hill, ON L4C3T2
Decision in favor of
landlord
Balance Owed to Landlord
$73,611
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2023
Hearing Date
Jul 2024
Order Date
Jul 31, 2024
Tenancy End Date
Aug 2024
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $5,500 per month
- Rent arrears of $82,500 as of hearing date
- Landlord incurred $186 in filing fees
Arguments and Actions
Landlord
Arguments
Landlord is entitled to terminate tenancy and evict tenants for non-payment of rent.
Actions
Landlord served valid N4 notice and filed application when arrears were not paid.
Tenant
Arguments
Tenants requested additional time to relocate due to having two young children.
Actions
Tenants did not pay full rent arrears by termination date in N4 notice.
Decision Summary
Unless the Tenant voids the order by paying $82,686 by July 31, 2024 or $88,186 by August 31, 2024, the tenancy will be terminated effective August 31, 2024. If the Tenant does not void the order, they must pay the Landlord $35,000, which represents the maximum amount the LTB can order. The Tenant must also pay daily compensation of $180.82 for each day of occupation starting July 13, 2024.
Reason for Eviction Relief
Tenant has two young children and requested additional time to relocate
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$5,500
Rent Arrears
$82,500
Application Fee
$186
Rent Deposit
$5,500
Deposit Interest
$245
Total Owing
$73,611 (Owed to Landlord)
Source
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