1459 Trafalgar Street Investment Inc. v Alate - LTB Ruling on Non-payment and Persistent Late Payment
Landlord wins eviction case against tenants owing $7425 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
116 1459 Trafalgar St, London, ON N5W1W8
Decision in favor of
landlord
Balance Owed to Landlord
$6,796
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 18, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants in possession on hearing date
- Lawful rent is $816.71 per month
- Rent arrears of $7,425.41 as of hearing date
- Landlord incurred $186 in application filing fees
- Tenants paid $8,050 since application filed
- Tenants paid rent deposit of $785, with $30.71 interest
- Landlord served valid N8 Notice
- Tenants persistently late in paying rent
- Tenants continued to pay rent late after N8 notice
Case Study
The Landlord served valid N4 and N8 notices, and the Tenants remained in possession without paying the rent arrears. The Tenants' proposed payment plan was not found to be affordable based on their financial circumstances. An extension of the eviction date to May 31, 2023 was granted to provide the Tenants additional time to either pay the arrears or find a new place to live.
Arguments and Actions
Tenant
Actions
Tenants testified that their household income is approximately $4,350 and their monthly expenses total approximately $5,150.71.
Decision Summary
The tenancy is terminated unless the Tenants pay $8,428.12 by April 30, 2023 or $9,244.83 by May 31, 2023 to void the order. If the Tenants do not void the order, they must vacate the unit by May 31, 2023 and pay the Landlord $6,795.70 plus daily compensation of $26.85 from April 1, 2023 until move-out. The Landlord is entitled to file the order with the Sheriff for enforcement if the unit is not vacated by May 31, 2023.
Reason for Eviction Relief
To give Tenants additional time to pay arrears or find new housing
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Lawful Rent
$817
Rent Arrears
$7,425
Application Fee
$186
Rent Deposit
$785
Deposit Interest
$31
Total Owing
$6,796 (Owed to Landlord)
Source
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