Landlord Wins Non-payment Case: 2717521 Ontario Inc. v Cross-Berube 2023
North Bay tenant ordered to pay $5504 or face eviction for non-payment of rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 447 Main St E, North Bay, ON P1B1B6
Decision in favor of
landlord
Balance Owed to Landlord
$5,504
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 10, 2023
Tenancy End Date
Aug 2023
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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,100 due on 1st of each month
- Tenant paid $200 since application filed
- Rent arrears owing to June 30, 2023 are $7,300
- Landlord incurred $186 application filing fee
- Landlord holds $1,100 rent deposit with $34.96 interest
Case Study
The Tenant does not dispute the balance owing, explaining that she fell into arrears due to a disruption in her income and employment. She has yet to secure stable income as of the date of the hearing. The Board also undertook a review of her income and expenses to determine if the Tenant had the financial means to commit to a payment plan. The Tenant asks the Board that, in the event the application is granted, additional time is provided for her to move as she resides with a child who is a 'minor'.
Arguments and Actions
Tenant
Arguments
Tenant asks for additional time to move out as she resides with a minor child.
Actions
Tenant fell into arrears due to disruption in income and employment, and has yet to secure stable income.
Decision Summary
The tenancy will be terminated on August 31, 2023 unless the tenant pays $8,586 by July 31, 2023 or $9,686 by August 31, 2023 to void the order and continue the tenancy. If the tenancy is terminated, the tenant must pay $5,504.16 to the landlord, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,100
Rent Arrears
$7,300
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$35
Total Owing
$5,504 (Owed to Landlord)
Source
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