Landlord Wins Non-payment Case: 1319399 Ontario Inc v Luis 2024
Burlington landlord wins non-payment case, tenant ordered to pay $14927 or face eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
212 Torrance St, Burlington, ON L7R2R9
Decision in favor of
landlord
Balance Owed to Landlord
$14,927
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Feb 27, 2024
Tenancy End Date
Mar 2024
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 served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,571.75 due on 1st of each month
- Tenant paid $5,798 since application filed
- Rent arrears owing to June 30, 2023 are $16,920.53
- Landlord incurred $186 application filing fee
Arguments and Actions
Tenant
Actions
Tenant fell behind on rent during COVID-19 pandemic, but has since started a new job.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $29,680.53 by February 29, 2024 or $31,252.28 by March 31, 2024. If the Tenant does not void the order, the Tenant must move out by March 31, 2024 and pay the Landlord $14,926.67 plus daily compensation of $51.67 from June 20, 2023 until the move-out date.
Reason for Eviction Relief
The Tenant has begun a new job at the time of the hearing and fell behind in rent during covid. Under normal circumstance an order of an approximate 9-month payment plan would been issued to repay all the rental arrears in full. Due to the late issuance of this order, extending a potential eviction date to have and allow all outstanding rent paid by March 31, 2024, including new rent that has become due is an appropriate remedy. The extension of time also allows the Tenant to seek out additional support if available and/or seek an alternate housing arrangement.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,572
Rent Arrears
$16,921
Application Fee
$186
Rent Deposit
$1,553
Deposit Interest
$37
Total Owing
$14,927 (Owed to Landlord)
Source
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