Zhelyazkov v Beauvais - Landlord Wins Non-payment Case
Vanier tenants face eviction for $18125 in unpaid rent, granted extension to find new housing
Summarized by RentZenLast updated: November 3, 2024
Case Summary
89 Genest St, Vanier, ON K1L7Z1
Decision in favor of
landlord
Balance Owed to Landlord
$15,745
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2024
Order Date
May 28, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenant Jacques Beauvais was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenant Jacques Beauvais in possession on application date
- Lawful rent is $1,450 due on 1st of each month
- Tenants paid $7,975 since application filed
- Rent arrears owing to May 31, 2024 are $18,125
- Landlords incurred $186 application filing fee
Arguments and Actions
Tenant
Actions
Tenant Jacques Beauvais testified about his medical conditions, ODSP income, and difficulty finding suitable replacement housing.
Decision Summary
The tenancy will be terminated on August 31, 2024 unless the Tenants void the order by paying the full amount owing. If the Tenants do not void the order, they must vacate the unit by August 31, 2024 and pay the Landlords $15,744.69, which includes rent arrears and the application filing fee, minus the rent deposit. The Tenant Jacques Beauvais is required to maintain direct rent payments from ODSP for June and July 2024.
Reason for Eviction Relief
Tenant's personal circumstances, including medical conditions, receipt of ODSP, and difficulty finding replacement housing
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,450
Rent Arrears
$18,125
Application Fee
$186
Rent Deposit
$1,450
Total Owing
$15,745 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.