Landlord Wins Non-payment Case: Taraboulsi v Powell 2024
Brampton tenants evicted for non-payment of $39798 rent, ordered to pay $27723
Summarized by RentZenLast updated: October 13, 2024
Case Summary
6 Holmstead Crt, Brampton, ON L6S1R9
Decision in favor of
landlord
Balance Owed to Landlord
$27,723
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 4, 2024
Tenancy End Date
Jul 2024
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 $6,633 due on 2nd of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord attempted to communicate with the tenants regarding a repayment plan in December 2023 and every month up until the hearing date, but did not receive a response from the tenants.
Tenant
Actions
Tenants were behind on rent due to the tenant's car accident and inability to work. The tenant is now able to work and will start a new job in May 2024. The tenant's spouse has a monthly income of $3,200 and is willing to contribute earnings to the arrears. The tenants have 4 children and want to maintain the tenancy as there is a child welfare issue pending.
Decision Summary
The tenancy is terminated unless the Tenants pay $53,250 to void the order and continue the tenancy, or $27,723.39 if the tenancy is terminated. If the Tenants do not pay the required amount by July 15, 2024, they must vacate the unit and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$6,633
Rent Arrears
$39,798
Application Fee
$186
Rent Deposit
$6,633
Deposit Interest
$85
Total Owing
$27,723 (Owed to Landlord)
Source
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