Landlord Wins Eviction Case: Roberto v Cleary 2023
Mississauga landlords awarded $18172 from tenant who failed to pay rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
4975 Southampton Dr, Mississauga, ON L5M8C5
Decision in favor of
landlord
Balance Owed to Landlord
$18,172
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 19, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,851.58 per month
- Tenant paid $5,197.42 since application filed
- Rent arrears to April 24, 2023 are $21,267.78
- Landlords incurred $186 application filing fee
- Tenant paid $1,851.58 rent deposit
- Interest on rent deposit is $4.44
Case Study
The Tenant raised maintenance issues, but they did not meet the serious breach test under section 83(3)(a) of the Act to justify refusing the eviction. The Tenant's own T2/T6 application will address these issues. Given the size of the arrears, the time the proceedings have been ongoing, and the parties' relative circumstances, it would not be fair to delay the eviction further.
Arguments and Actions
Landlord
Actions
Landlords made multiple attempts to negotiate a repayment plan with Tenant, which the Tenant did not accept.
Tenant
Actions
Tenant disputes application based on outstanding maintenance issues, but was not permitted to proceed with these issues under section 82.
Decision Summary
The tenancy is terminated unless the Tenant pays $21,453.78 by April 24, 2023 or $23,305.36 by April 30, 2023 to void the order. If the Tenant does not void the order, they must pay $18,172.27 to the Landlords and vacate the unit by April 30, 2023.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$1,852
Rent Arrears
$21,268
Application Fee
$186
Rent Deposit
$1,852
Deposit Interest
$4
Total Owing
$18,172 (Owed to Landlord)
Source
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