Landlord Wins Eviction Case Against Tenants: Tewari v Jones
Brampton landlords awarded $39998 from tenants for non-payment, interference, and unpaid utilities
Summarized by RentZenLast updated: September 12, 2024
Case Summary
110 Castlehill Rd, Brampton, ON L6X4C4
Decision in favor of
landlord
Balance Owed to Landlord
$39,998
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 4, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent, substantial interference, and persistent late payment of rent. The Landlord also sought reimbursement for unpaid water utility costs and compensation for alleged damages to the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,600 per month
- Tenant has not made any payments since application filed
- Rent arrears of $37,211.74 as of March 31, 2023
- Tenant did not file section 82 issues form
- Landlord incurred $186 in application filing fees
- Landlord holds $2,600 rent deposit with $73.23 interest
- Landlord served valid N5 notice for substantial interference and damage
- Tenant did not void N5 notice
- Landlord established Tenant failed to pay water utility costs
- Landlord incurred $5,836.75 in unpaid water utility costs
- Landlord failed to establish Tenant caused undue damage to rental unit
Case Study
The Landlord established that the Tenant failed to pay rent, substantially interfered with the Landlord's lawful rights, and was persistently late in paying rent. The Landlord was entitled to reimbursement for unpaid water utility costs, but the claim for damages to the rental unit was dismissed due to lack of evidence.
Arguments and Actions
Landlord
Arguments
Landlord is a senior citizen who relies on rental income and has exhausted personal savings due to Tenants' persistent late payment of rent.
Actions
Landlord incurred $5,836.75 in unpaid water utility costs due to Tenants' failure to pay.
Tenant
Actions
Tenants did not pay rent due to vermin in the rental unit, but did not file a section 82 issues form.
Decision Summary
The tenancy is terminated effective April 30, 2023 unless the Tenant pays $39,997.74 to void the order and continue the tenancy. If the Tenant does not pay the full amount, they must vacate the unit by April 30, 2023. The Tenant is also ordered to pay the Landlord $5,836.75 for unpaid water utility costs.
Reason for Eviction Relief
Tenants have small children living in the unit
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$37,212
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$73
Other Owed Amount
$5,837
Unpaid water utility costs
Total Owing
$39,998 (Owed to Landlord)
Source
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