Landlord Wins Eviction Case Against Noisy Tenants in Barrie: 13832023 Canada Inc. v Campbell 2023
Barrie landlord awarded $15932 in rent arrears case, tenants evicted for non-payment
Summarized by RentZenLast updated: August 6, 2024
Case Summary
17 Janine St, Barrie, ON L4M3K5
Decision in favor of
landlord
Balance Owed to Landlord
$15,932
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Jul 2023
Order Date
Sep 7, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants fell into arrears because they were unable to work due to the noisy residential complex, which contributed to at least one tenant's inability to stay employed. Neither tenant was employed at the time of the hearing.
Decision Summary
The tenancy will be terminated on September 18, 2023 unless the tenants pay $15,932.25 to void the order. If the tenancy is terminated, the tenants must pay $8,261.26 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $65.71 per day starting July 6, 2023 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Lawful Rent
$1,999
Rent Arrears
$11,749
Application Fee
$186
Rent Deposit
$1,950
Deposit Interest
$53
Total Owing
$15,932 (Owed to Landlord)
Source
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