Landlord Wins Eviction Case Against Tenant in North Bay: 2769281 ONTARIO INC. v Labell 2023
North Bay landlord awarded $12926 in rent arrears, evicts non-paying tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 221 Algonquin Ave, North Bay, ON P1B4V8
Decision in favor of
landlord
Balance Owed to Landlord
$12,926
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Sep 2022
Order Date
Mar 24, 2023
Tenancy End Date
Apr 2023
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 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.
Determinations
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $900.68 due on 1st of each month
- Rent arrears owing to 2022-09-30 are $7,336.12
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $2,550 since application filed
Case Study
The Tenant's proposal to pay the arrears was not found to be reasonable, as the Tenant did not provide evidence to corroborate her financial and personal circumstances, specifically the income she anticipated earning from tips as a waitress. The Tribunal determined that the Tenant would be unable to pay the monthly rent in full and on time, in addition to a meaningful amount towards the arrears. The substantial arrears and the Tribunal's view that the Tenant would be unable to maintain the tenancy led to the decision to terminate the tenancy.
Arguments and Actions
Tenant
Arguments
Tenant proposed to pay the monthly rent and an additional $626.84 towards the arrears, believing she can now afford to do so.
Actions
Tenant recently got a second job as a waitress and will be earning more income, including tips. Tenant also got rid of her car and no longer has car payments.
Decision Summary
The tenancy is terminated unless the Tenant pays $12,926.20 by March 31, 2023 or $13,826.88 by April 11, 2023 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $2,118.04 to the Landlord and vacate the unit by April 11, 2023.
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Financial Details
Lawful Rent
$900
Rent Arrears
$7,336
Application Fee
$186
Total Owing
$12,926 (Owed to Landlord)
Source
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