Landlords Win Eviction Case: Yang v Chan 2023
Landlords in Richmond Hill awarded $35000 after tenants evicted for non-payment of rent and utilities
Summarized by RentZenLast updated: September 12, 2024
Case Summary
12 Copperstone Cres, Richmond Hill, ON L4S2C5
Decision in favor of
landlord
Balance Owed to Landlords
$35,000
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Jun 2023
Order Date
Jul 19, 2023
Tenancy End Date
Jul 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and substantial interference with the Landlords' lawful rights and interests by failing to pay utility costs.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $2,600 per month
- Tenants made no payments since application filed
- Rent arrears of $28,600 as of hearing date
- Tenants failed to pay utility costs, substantially interfering with Landlords' rights
- Tenants' section 82 claims dismissed
Case Study
The Landlords served valid N4 and N5 notices, and the Tenants did not void the notices. The Tenants owed substantial rent arrears and failed to pay utility costs, substantially interfering with the Landlords' rights. The Tenants' claims under section 82 were dismissed as they were not brought within the required time frame or lacked sufficient evidence.
Decision Summary
The tenancy is terminated effective July 31, 2023. The Tenants must pay the Landlords $35,000, which includes rent arrears, unpaid utility costs, and the application filing fee, minus the rent deposit and interest. If the Tenants do not pay by July 31, 2023, the Landlords may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$28,600
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$221
Other Owed Amount
$10,016
Unpaid utility costs
Total Owing
$35,000 (Owed to Landlords)
Source
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