Landlord Wins Eviction Case: Vyacheslav v Samiee 2023
Thornhill tenant evicted for non-payment and persistent late payment of rent, owes $20097 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
85 North Park Rd, Thornhill, ON L4J0H9
Decision in favor of
landlord
Balance Owed to Landlord
$20,097
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Dec 13, 2023
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,545 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears of $20,085 as of 2023-11-30
- Landlord incurred $186 in filing costs
- No last month's rent deposit
Case Study
The Tenant has not paid rent since November 2022 due to a serious illness, and has persistently paid rent late in the past. The Tenant's proposed payment plan is not sustainable, and the Tenant can no longer afford the rental unit. While the Tribunal is sympathetic to the Tenant's situation, the Landlord is entitled to the rent arrears and the Tenant must vacate the unit.
Arguments and Actions
Landlord
Arguments
The Landlord sought a standard eviction order.
Actions
The Landlord testified about his circumstances, stating that the Tenant's arrears have placed a large financial burden on him and his family, and that he and his wife are the breadwinners for their family of 5, which includes their daughter and elderly parents. He also stated that he has had to take out a loan to cover the costs of the rental property and that his family is now struggling financially.
Aggravating Factors
The Landlord testified that the Tenant's arrears have placed a large financial burden on him and his family, and that he has had to take out a loan to cover the costs of the rental property. The Landlord also stated that the situation has caused him a lot of stress, leading to health issues.
Tenant
Arguments
The Tenant requested a payment plan where she could pay $100 per month towards the arrears and relief to pay only part of her rent each month. In the alternative, she asked for a delay in eviction until the end of June 2024 when her daughter finishes school.
Actions
The Tenant testified that she was a good tenant until she was diagnosed with a serious illness that requires chemotherapy treatment. Since her diagnosis, she hasn't been able to work consistently and when she does not work, she does not get paid, and as a result, she has not paid rent since November 2022.
Aggravating Factors
The Tenant has not paid rent since November 2022 and has persistently paid rent late in the past.
Decision Summary
The tenancy is terminated unless the Tenant pays the full arrears of $21,816 by December 31, 2023, $23,361 by January 31, 2024, or $24,906 by February 29, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by February 29, 2024 and pay the Landlord $20,097.33 in arrears and compensation.
Reason for Eviction Relief
The Tribunal found that a delay in eviction until February 29, 2024 would not be unfair to the Landlord, as it would allow the Tenant time to find new accommodations.
Adjudicator Details
LTB Member
Total Orders
41
Landlord Favorable
85.4%
Tenant Favorable
14.6%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,545
Rent Arrears
$20,085
Application Fee
$186
Total Owing
$20,097 (Owed to Landlord)
Source
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