Landlord Wins Eviction Case Against Tenants for Non-Payment of Rent: 10113204 Canada Inc v Hill and Goulthro 2021
Landlord wins eviction and $14601 judgment against tenants for non-payment of rent and interference in St. Catharines
Summarized by RentZenLast updated: July 26, 2024
Case Summary
60 Wakelin Terrace, St. Catharines, ON L2M4K9
Decision in favor of
landlord
Balance Owed to Landlord
$14,601
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2021
Hearing Date
Nov 2021
Order Date
Dec 21, 2021
Tenancy End Date
Jan 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for substantially interfering with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant.
Determinations
- Tenants have not paid total rent required from February 1, 2021 to November 30, 2021
- Landlord served valid Notice of Termination effective July 21, 2021
- Tenants in possession of rental unit
- Lawful monthly rent is $2,400.00
- Landlord collected $2,400.00 rent deposit
- Tenants paid $6,600.00 after application filed
- Tenants owed $14,601.00 as of hearing date
- Tenants persistently failed to pay rent on due date
- Tenants failed to pay water bill per tenancy agreement
- Conduct substantially interferes with Landlord's rights
Case Study
The Tenants have not paid the total rent they were required to pay for the period from February 1, 2021 to November 30, 2021. The Landlord served a valid Notice of Termination effective July 21, 2021 due to the rent arrears. The Tenants are in possession of the rental unit and the lawful monthly rent is $2,400.00. The Landlord collected a rent deposit of $2,400.00 from the Tenants. The Tenants paid $6,600.00 after the application was filed, but as of the hearing date, the Tenants owed the Landlord $11,400.00 in arrears of rent to November 30, 2021. The rent for December 2021 has since become due, so the total owing by the Tenants as of the date of this order is $14,601.00, which includes arrears of rent to December 31, 2021 and the application filing fee. The Tenants have persistently failed to pay the rent on the date it was due and have failed to pay the water bill in accordance with the terms of the tenancy agreement, which substantially interferes with a lawful right, privilege or interest of the Landlord.
Arguments and Actions
Tenant
Actions
Tenants have persistently failed to pay rent on the due date and have failed to pay the water bill.
Decision Summary
The tenancy is terminated effective January 31, 2022. The Tenants must pay the Landlord $13,426.18, which represents the amount of rent owing and compensation up to December 21, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay $78.90 per day for compensation for the use of the unit starting December 22, 2021 until they move out. If the Tenants do not pay the full amount owing by January 31, 2022, they will start to owe interest at 2.00% annually on the balance outstanding. The Tenants can void the order and continue the tenancy by paying $14,601.00 by December 31, 2021 or $17,001.00 by January 31, 2022.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$2,400
Rent Arrears
$14,400
Application Fee
$201
Rent Deposit
$2,400
Deposit Interest
$2
Total Owing
$14,601 (Owed to Landlord)
Source
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