Landlord Wins Rent Dispute: Tharmaseelan v Premthas 2024
Markham landlords awarded $8822 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 65 Mohandas Dr, Markham, ON L3S0E4
Decision in favor of
landlord
Balance Owed to Landlord
$8,822
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Mar 26, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,400 per month
- Tenant has not made any payments since application filed
Arguments and Actions
Landlord
Arguments
The Landlord argues that the $1,400 per month rent is lawful because the rental unit is exempt from the rent increase guidelines and the Tenant paid the higher rent for more than 12 months without complaint.
Tenant
Arguments
The Tenant claims the lawful rent is $1,200 per month based on the rent increase guidelines, but she paid $1,400 per month from January 2022 to June 2023 because the Landlord threatened to evict her if she did not pay the higher amount.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $12,786 by March 31, 2024, $14,186 by April 30, 2024, or $15,586 by May 15, 2024. If the Tenant does not void the order, the Tenant must move out by May 15, 2024 and pay the Landlord $8,822.43 plus daily compensation of $46.03 per day starting January 31, 2024.
Reason for Eviction Relief
The Tenant has minor children and will require time to find a new home for her family.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
91.7%
Tenant Favorable
0.0%
Mutual Agreement
8.3%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$9,800
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$44
Total Owing
$8,822 (Owed to Landlord)
Source
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