Landlord Wins Non-payment and Maintenance Case: 1000032190 Ontario Inc. v Secord 2024
Havelock landlord wins eviction case against tenants for non-payment of rent and maintenance issues, tenants owe $10665
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2425 North School Rd, Havelock, ON K0L1Z0
Decision in favor of
landlord
Balance Owed to Landlord
$10,665
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
May 15, 2024
Tenancy End Date
May 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Tenants applied for an order determining that the Landlord failed to meet the Landlord's maintenance obligations under the Residential Tenancies Act, 2006 or failed to comply with health, safety, housing or maintenance standards.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $3,000 per month
- Tenants paid $60,000 into LTB since application filed
- Rent arrears owing to May 31, 2024 are $15,000
- Landlord incurred $186 in application filing fees
- Landlord collected $3,000 rent deposit
- Relief from eviction granted under s. 83(1)(a)
- Landlord did not fail to meet maintenance obligations
- Tenants obstructed Landlord's efforts to address issues
Arguments and Actions
Tenant
Actions
The Tenants vacated the rental unit on September 8, 2022, prior to the hearing date.
Decision Summary
The Landlord's L1 application is granted. The tenancy will be terminated unless the Tenants pay $15,186 by May 26, 2024 to void the order. If the Tenants do not void the order, they must pay the Landlord $10,665.45 and vacate the unit by May 26, 2024. The Tenants' T6 application is dismissed.
Reason for Eviction Relief
It would not be unfair to grant relief from eviction pursuant to subsection 83(1)(a) of the Act.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$15,000
Application Fee
$186
Rent Deposit
$3,000
Total Owing
$10,665 (Owed to Landlord)
Source
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