Landlord Wins Non-payment Case: Rubbani v Peters 2024
London tenants evicted for non-payment of $15050 rent, ordered to pay $10081
Summarized by RentZenLast updated: October 13, 2024
Case Summary
18 1443 Huron St, London, ON N5V2E6
Decision in favor of
landlord
Balance Owed to Landlord
$10,081
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Dec 2023
Order Date
Apr 3, 2024
Tenancy End Date
Apr 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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,700 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
Landlord's representative argued the Tenants' proposed repayment plan was unreasonable given the amount of arrears, and that the Tenants had the funds available to pay rent but chose not to.
Actions
Landlord has had to take out a second mortgage on the rental property and their own personal mortgage due to the non-payment of rent, and is now in a position where they need to sell the rental property.
Tenant
Arguments
Tenants requested a 4-year repayment plan of $300/month or 30-60 days to move out, citing difficulty finding alternative housing due to their income sources and having 3 small children.
Actions
Tenants have not made any payments since the application was filed, despite having the funds available.
Decision Summary
The tenancy will be terminated on April 30, 2024 unless the tenants pay $26,036 to void the order. If the tenants do not pay, they must vacate the unit by April 30, 2024 and pay the landlord $10,081.05 plus daily compensation of $88.77 per day starting December 5, 2023.
Reason for Eviction Relief
Considering the circumstances of the parties, including the Tenants' financial situation and the presence of minor children, I have determined that it would not be unfair to postpone the eviction until April 30, 2024.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
96.5%
Tenant Favorable
3.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$15,050
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$110
Total Owing
$10,081 (Owed to Landlord)
Source
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