1486176 Ontario Ltd. v Smith: Tenant Eviction for Non-Payment
Tenant facing eviction for $20664 rent arrears after failing to address maintenance concerns and pay rent
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 27 Remark Dr, Kingsville, ON N9Y3N8
Decision in favor of
landlord
Balance Owed to Landlord
$18,481
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Tenancy End Date
Sep 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 Tenant did not void the N4 Notice by paying rent arrears and was still in possession of the rental unit at the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent is $1,712.73 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord sought standard 11-day eviction order, argued tenancy is no longer viable
Tenant
Arguments
Maintenance issues prevented rent payment
Actions
Tenant claimed poor unit condition justified non-payment, stated sleeping outside or with friends, and refused to provide financial details
Procedural Errors
Failed to disclose evidence for section 82 issues as ordered
Decision Summary
Tenancy terminated unless Tenant voids order by paying $22,563.17 by September 15, 2024. If not paid, Tenant must vacate unit and pay $18,480.96 plus daily compensation of $56.31.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$1,713
Rent Arrears
$20,664
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$96
Total Owing
$18,481 (Owed to Landlord)
Source
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