Landlord Wins Eviction Case: Safian v Varadi 2024
Scarborough tenant evicted for non-payment, property damage, and interference, ordered to pay $34851 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 784 Scarborough Golf Club Rd, Scarborough, ON M1G1J1
Decision in favor of
landlord
Balance Owed to Landlord
$34,851
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Aug 23, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent, substantial interference with the Landlord's reasonable enjoyment, and willful or negligent damage to the rental unit. The Landlord served valid N4 and N5 notices, but the Tenant did not attend the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on application date
- Lawful rent is $2,325 per month
- Tenant has not made any payments since application
- Rent arrears of $37,200 as of hearing date
- Landlord incurred $186 application filing fee
- Landlord holds $2,325 rent deposit with $101.76 interest
- Landlord proven substantial interference and willful/negligent damage
- Tenant failed to attend hearing and provide evidence
Arguments and Actions
Tenant
Actions
Tenant failed to pay rent and maintain the rental unit.
Decision Summary
The tenancy is terminated. The Tenant must pay $60,636 by September 3, 2024 to void the order, or $34,851 if the tenancy is terminated. The Tenant must also pay $300 for the broken window and $186 application fee. If the Tenant does not pay, they will owe interest and can be evicted.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$2,325
Rent Arrears
$37,200
Application Fee
$186
Rent Deposit
$2,325
Deposit Interest
$102
Damages
$300
Total Owing
$34,851 (Owed to Landlord)
Source
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