Landlord Wins Eviction Case Against Non-Paying Tenants: 2388825 Ontario Ltd. v Martin and Campbell 2021
Landlord awarded $10274 in rent arrears, tenants ordered to vacate rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
356 Boswell Drive, Bowmanville, ON L1C0L9
Decision in favor of
landlord
Balance Owed to Landlord
$10,274
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Nov 2021
Order Date
Nov 10, 2021
Tenancy End Date
Nov 2021
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. 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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,950 per month
- Landlord holds $1,950 rent deposit
- Interest owed on rent deposit from 2020-03-17 to 2021-07-08
- Tenants paid $2,000 after application filed
Case Study
The Tenants have not paid the total rent they were required to pay for the period from April 1, 2021 to November 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective July 8, 2021. The Tenants are in possession of the rental unit. The lawful monthly rent is $1,950.00. The Landlord collected a rent deposit of $1,950.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from March 17, 2020 to July 8, 2021. The Tenants paid $2,000.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent from April 1, 2021 to November 30, 2021.
Decision Summary
The tenancy is terminated effective November 30, 2021. The Tenants must pay the Landlord $10,274.10, which represents the rent arrears and application filing costs, less the rent deposit and interest owed on the deposit. The Tenants must also pay $64.11 per day for compensation for use of the unit starting November 11, 2021 until they move out. If the full amount is not paid by November 30, 2021, the Tenants will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by November 30, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,950
Rent Arrears
$6,213
Application Fee
$186
Rent Deposit
$1,950
Deposit Interest
$3
Total Owing
$10,274 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.