Landlord Wins Eviction Case Against Tenants: Ozkisi v Metcalfe
Stratford landlords awarded $35186 in rent arrears, tenants face eviction for non-payment
Summarized by RentZenLast updated: November 3, 2024
Case Summary
254 Bradshaw Dr, Stratford, ON N5A0G5
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 23, 2024
Tenancy End Date
Apr 2024
Dispute Summary
The Landlords applied to terminate the tenancy and evict the Tenants due to non-payment of rent, substantial interference, and damage to the property. The Landlords served a valid N4 notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlords withdrew L2 application
- Landlords served valid N4 notice
- Tenants did not void notice by paying arrears
- Tenants still in possession at hearing date
- Lawful rent is $3,550 due on 7th of each month
- Tenants moved in on 2022-10-07
- Daily rent/compensation is $116.71
- Tenants made no payments since application filed
- Rent arrears to 2024-05-06 are $60,350
- Landlords waived arrears over $35,000 limit
- Landlords incurred $186 application filing fee
Arguments and Actions
Tenant
Arguments
Tenant S. Bieber argued that she should only be responsible for half the rent after January 2023 when the tenancy was allegedly converted to a tenancy in common, and that she should not be responsible for any rent after December 1, 2023 when she claims she moved out.
Actions
Tenant S. Bieber consented to the amount of arrears owed and said she has moved her belongings from the rental unit.
Decision Summary
The tenancy is terminated by mutual consent on April 30, 2024. The Tenants must pay the Landlords $35,186, which includes rent arrears up to the hearing date, less an abatement, and the application filing fee. The Tenants will also pay daily compensation of $116.71 starting May 1, 2024 until they vacate the unit. If the Tenants do not pay the full amount by April 30, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$3,550
Rent Arrears
$60,350
Application Fee
$186
Other Owed Amount
$1,317
Past due utilities
Total Owing
$35,186 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.