Landlord Wins Non-payment Case: 2464865 Ontario Inc v Nehme 2023
Ottawa tenants evicted for non-payment of rent, owe $21357 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 555 Anand Pvt, Ottawa, ON K1V2R7
Decision in favor of
landlord
Balance Owed to Landlord
$21,357
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Feb 2023
Order Date
Jul 18, 2023
Tenancy End Date
Aug 2023
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 Tenants had filed a request to review the Interim Order and an appeal in the Divisional Court, but there was no stay on the proceedings. The Tenants' request to adjourn the matter was denied.
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
- Tenants paid $900 into LTB since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the rent arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Tenants' request to adjourn the matter was denied as they had not paid rent for 14 months and did not provide any assurance that they would pay into the Board on an adjournment.
Arguments and Actions
Tenant
Arguments
The Tenants believe that the Landlord owes them more than what they owe the Landlord based on their own claims which were not properly before the Board.
Actions
The Tenants have lived in the rental unit for approximately 5 years. Faten Neheme had become unemployed and changed career paths and is now a student and new business owner.
Procedural Errors
The Tenants failed to make any further payments into the Board as ordered in the Interim Order.
Aggravating Factors
The Tenants have deliberately withheld their rent every month since June of 2022 and refused to provide any payment proposal to catch up on the rent arrears.
Decision Summary
The tenancy is terminated unless the Tenants pay $24,823.82 by July 31, 2023 or $26,647.95 by August 31, 2023 to void the order. If the Tenants do not pay, they must vacate the unit by August 31, 2023 and pay the Landlord $21,356.99 plus daily compensation.
Reason for Eviction Relief
The Tenants have lived in the rental unit for approximately 5 years, and the Landlord was not opposed to a brief delay before enforcement of the Order.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,824
Rent Arrears
$24,638
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$143
Total Owing
$21,357 (Owed to Landlord)
Source
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