Landlord Wins Non-payment Case: Zaprzala v Mastroianni 2023
Mississauga tenant ordered to pay $13356 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2634 Widemarr Rd, Mississauga, ON L5J1M3
Decision in favor of
landlord
Balance Owed to Landlord
$13,356
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Dec 4, 2023
Tenancy End Date
Dec 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,140 due on 1st of each month
- Tenant paid $3,900 since application filed
- Rent arrears owing to June 30, 2023 are $6,330
- Landlord incurred $186 in filing costs
- Landlord holds $1,050 rent deposit with $101.19 interest
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord testified that Tenant has consistently paid rent late since 2018, but was usually only behind by one month. Landlord testified that as of August 1, 2022, Tenant's rental arrears were larger than one month's rent. Landlord testified that he has tried to negotiate a payment plan with Tenant.
Tenant
Actions
Tenant agreed with rent arrears of $6,330 as of June 30, 2023. Tenant testified that he realizes he must eventually move out as he can no longer afford the unit.
Decision Summary
The tenancy will be terminated on December 15, 2023 unless the Tenant pays $13,356 to void the order. If the Tenant does not pay, the Tenant must move out by December 15, 2023 and pay the Landlord $4,974.41 plus daily compensation of $37.48 from June 21, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
11
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,140
Rent Arrears
$6,330
Application Fee
$186
Rent Deposit
$1,050
Deposit Interest
$101
Total Owing
$13,356 (Owed to Landlord)
Source
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