Case Study

LTB Eviction Order CEL-89603-19 – Chagpar v Gibson, Gibbs & Beasley (Mississauga, 2019)

Landlord awarded eviction and rent arrears judgment for non-payment of rent at 253 Lakeshore Road East, Mississauga

🕑 Case timeline

Application Date: Date not provided

Hearing Date: December 4, 2019

Order Issued: December 12, 2019

Termination Date: December 31, 2019

Eviction Deadline: December 31, 2019

ℹ️ Case overview

Case Number: CEL-89603-19

Address: APT D, 253 Lakeshore Road East, Mississauga ON L5G1G8

Form Used: Notice of Termination (N4)

Served By: Landlord

Amount Awarded: $1,860.86 plus $59.21 per day starting December 13, 2019

Decision In Favor: Landlord

Application Type: Eviction for non-payment of rent

RTA Sections: Section 69 – Application by landlord for non-payment of rent, Section 83(1)(b) – Postponement of eviction, Section 83(2) – Consideration of circumstances, Section 81 – Expiry of eviction order (July 1, 2020), Section 74(11) – Motion to set aside eviction order

👥 Parties involved

Landlord: Shaheen Chagpar

Landlord Rep: Self Represented

Tenant: Bruce M Gibson, Cole William Gibbs, Samuel Beasley

Tenant Rep: Self Represented

Adjudicator: Randy Aulbrook

Keywords: non-payment of rent, eviction, rent arrears, rent deposit, termination, LTB order, Mississauga

⚖️ Decision summary

Tenancy terminated; Tenants must vacate on or before December 31, 2019 unless the order is voided.
Tenants ordered to pay $1,685.86 representing rent owing and compensation to December 12, 2019, net of deposit and deposit interest.
Tenants ordered to pay $59.21 per day from December 13, 2019 until vacating, plus $175.00 filing cost.
To void the eviction, Tenants must pay $4,746.07 to Landlord or Board in trust on or before December 31, 2019.
If unit not vacated by December 31, 2019, Landlord may enforce eviction via the Court Enforcement Office (Sheriff) from January 1, 2020.

⚠️ Dispute summary

Tenants failed to pay rent from September 1, 2019 onward, prompting the Landlord to serve a Notice of Termination effective September 19, 2019.
A rent deposit of $1,765.00 was held by the Landlord, with interest accruing from April 3, 2019 to September 19, 2019 ($14.79).
Arrears for September 1 to December 31, 2019 totalled $7,204.08 before deductions.
After deducting the $2,633.01 payment, rent deposit, and deposit interest, the net amount owed as of the order date was $1,685.86.

📑 Findings & determinations

Tenants did not pay total rent required for September 1, 2019 to December 31, 2019; Notice of Termination was validly served effective September 19, 2019.
Rent deposit of $1,765.00 remains held by Landlord; interest of $14.79 is owed to Tenants for April 3, 2019 to September 19, 2019.
Tenants paid $2,633.01 after the application was filed, which was applied against the arrears.
Board found it not unfair to postpone eviction to December 31, 2019 under s.83(1)(b) of the RTA.

💡 Summary points

Landlord applied to evict three tenants for unpaid rent covering September 1 to December 31, 2019.
Tenants did not attend the December 4, 2019 hearing; only the Landlord was present.
Tenants paid $2,633.01 after the application was filed, partially reducing the arrears.
Eviction was postponed to December 31, 2019; tenants could void the order by paying $4,746.07 on or before that date.
Total judgment if tenancy terminated: $1,860.86 plus $59.21 per day from December 13, 2019.

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non-payment of rent eviction rent arrears rent deposit termination LTB order Mississauga

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