1000544638 ONTARIO INC. v Holden - LTB Ruling on Non-payment of Rent
Landlord wins eviction order against London tenant for $3807 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1003 Notre Dame Dr, London, ON N6J3C3
Decision in favor of
landlord
Balance Owed to Landlord
$2,597
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Jan 2024
Order Date
Jan 30, 2024
Tenancy End Date
Feb 2024
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 N4 Notice, which the Tenant did not void by paying the arrears.
Determinations
- N4 Notice is valid
- Tenant still in possession on hearing date
- Lawful rent is $821.53 per month
- Rent arrears owing to January 31, 2024 is $3,807.65
- Landlord incurred $186 in filing fees
- Tenant paid $300 since application filed
- Landlord holds $750 rent deposit and $95.60 interest
Arguments and Actions
Landlord
Actions
Landlord's Agent testified the Landlord has tried to work with the Tenant to assist her, including helping her find employment, but the Tenant advised she could not work the types of jobs suggested.
Tenant
Arguments
Tenant argued her rent should not be more than 35% of her income, and that employees with workplace grievances should not be evicted for 5 years.
Actions
Tenant testified she has ongoing grievances against Uber and is waiting for resolution, but has no evidence Uber owes her funds. Tenant recently started a new job but her current income is greater than her expenses.
Decision Summary
Unless the Tenant voids the order by paying the arrears, the tenancy will be terminated effective February 29, 2024. If the Tenant does not void the order, they must pay the Landlord $2,596.62, which includes rent arrears and filing fees, minus the rent deposit and interest.
Reason for Eviction Relief
Provide Tenant additional time to secure alternative housing
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$822
Rent Arrears
$3,808
Application Fee
$186
Rent Deposit
$750
Deposit Interest
$96
Total Owing
$2,597 (Owed to Landlord)
Source
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