Landlord Wins Non-payment Case: 1000002944 Ontario Inc. v Clarke 2023
Oshawa landlord awarded $3948 in rent arrears and costs from non-paying tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
386 Brock St E, Oshawa, ON L1G1S1
Decision in favor of
landlord
Balance Owed to Landlord
$3,947
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Jan 2023
Order Date
Feb 1, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.
Determinations
- Landlord entitled to $186 application fee
- Landlord served valid N4 Notice
- Lawful rent is $1,350 due on 1st of each month
- Rent arrears of $3,761.78 as of hearing date
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the arrears. As of the hearing date, the Tenant was still in possession of the rental unit. The Tenant has paid $9,588.22 to the Landlord since the application was filed, but the rent arrears owing to January 31, 2023 are $3,761.78. The Landlord is entitled to reimbursement of the $186.00 application filing fee. It would not be unfair to grant relief from eviction subject to the conditions set out in the order.
Decision Summary
The Tenant shall pay the Landlord $3,947.78 for rent arrears and application fee, in installments by October 1, 2023. The Tenant shall also pay new rent on time and in full until the arrears are paid. If the Tenant fails to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,350
Rent Arrears
$3,761
Application Fee
$186
Total Owing
$3,947 (Owed to Landlord)
Source
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