Landlord Wins Eviction Case: Rastgoo v Pierce 2023
Newmarket landlord wins eviction case against tenants who owe $8386 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1037 Elgin St, Newmarket, ON L3Y3C3
Decision in favor of
landlord
Balance Owed to Landlord
$8,386
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Sep 2023
Order Date
Sep 26, 2023
Tenancy End Date
Oct 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 is $2,050 per month
- No payments made since application filed
- Rent arrears of $8,200 to October 3, 2023
- Landlord incurred $186 application fee
- No last month's rent deposit
Case Study
The landlord served a valid N4 notice, and the tenants did not void the notice by paying the rent arrears. The tenants were still in possession of the rental unit at the time of the hearing. The landlord provided evidence of his financial hardship due to the tenants' non-payment of rent and his own medical issues. The adjudicator found it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord has tried to work with tenants to repay arrears but efforts have not been successful, is undergoing chemotherapy, has limited income, and is in danger of losing the rental unit
Aggravating Factors
Landlord undergoing chemotherapy treatment for cancer, has limited income from EI, and is in danger of losing the rental unit
Tenant
Actions
Tenants have not paid rent since August 2022 because they do not have the money, are living on $863 per month while waiting for ODSP approval, and have been searching for affordable accommodation
Aggravating Factors
Tenants have not paid rent since August 2022 and owe a total of $28,700 including previous order
Decision Summary
The tenancy is terminated unless the tenants pay $8,386 by October 3, 2023 or $10,436 by October 7, 2023 to void the order. If the tenants do not pay, they must vacate the unit by October 7, 2023 and pay the landlord $7,347 plus daily compensation of $67.40 from September 19, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$2,050
Rent Arrears
$8,200
Application Fee
$186
Total Owing
$8,386 (Owed to Landlord)
Source
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