Landlord Wins Rent Arrears Case Against Tenant in Ottawa: 2502233 Ontario Inc. v Irafasha 2021
Ottawa landlord awarded $3859 in rent arrears, tenant ordered to vacate
Summarized by RentZenLast updated: July 26, 2024
Case Summary
01 St. Laurent Boulevard, Ottawa, ON K1G1A3
Decision in favor of
landlord
Balance Owed to Landlord
$3,860
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Aug 2021
Tenancy End Date
Aug 2021
Order Date
Dec 14, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant had agreed to vacate the rental unit on or before August 31, 2021.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant to vacate on 2021-08-31
- Lawful rent due on 1st of each month
- Partial payments made after application filed
Case Study
The Board's jurisdiction is limited to tenants who are in possession of the rental unit when the application is filed. Madina Umutoni had vacated the rental unit prior to the application being filed, so the Board did not have authority to order her to pay arrears. Elvanie Irafasha agreed to vacate the unit by August 31, 2021.
Arguments and Actions
Tenant
Actions
Tenant agreed to vacate the rental unit on or before August 31, 2021.
Decision Summary
The tenancy is terminated effective August 31, 2021, the date the tenant agreed to vacate. The tenant is ordered to pay $3,859.55 to the landlord, which includes rent arrears up to the termination date, NSF cheque charges, and the cost of filing the application, minus the rent deposit and interest on the deposit. If the unit is not vacated by August 31, 2021, the tenant will owe an additional $60.82 per day in compensation.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Rent Arrears
$5,631
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$1
Other Owed Amount
$80
NSF cheque charges
Total Owing
$3,860 (Owed to Landlord)
Source
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