Landlord Wins Non-payment Case: Tahir v Chang 2024
Ancaster landlords win $28186 in rent arrears case, tenants face eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
170 Lavender Dr, Ancaster, ON L9K1B8
Decision in favor of
landlord
Balance Owed to Landlord
$28,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 4, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlords 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
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,500 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
Landlord opposed the application being dismissed and the request to combine the applications.
Actions
Landlord's representative testified that they attempted to communicate with the Tenants regarding a repayment plan in November 2023 and every month up until the hearing date.
Tenant
Arguments
Tenants requested to have the Landlords' L1 application dismissed as there is another hearing for the Landlords' L2 application scheduled, and requested to have the T1 application combined with the Landlords' L1 application.
Actions
Tenants testified that they were behind in rent due to a dispute on the lawful monthly rent, and that they could get the arrears from their parents within 30 days as they are international students and do not have an income.
Decision Summary
The Landlords' L1 application to terminate the tenancy and evict the Tenants for non-payment of rent is granted. The Tenants may void the order by paying $28,186 by July 31, 2024 or $31,686 by August 4, 2024. If the Tenants do not void the order, they must vacate the unit by August 4, 2024 and pay the Landlords $18,376.42 plus daily compensation of $115.07 from May 7, 2024 until the date they move out.
Reason for Eviction Relief
Tenants requested delay to arrange their affairs and move, or pay off the arrears and void the eviction order if they are able.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$3,500
Rent Arrears
$21,000
Application Fee
$186
Total Owing
$28,186 (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.