Landlord Wins Non-payment Case: 2803225 Ontario Inc v Arthur 2024
Ottawa landlord wins eviction order against tenant owing $12992 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
419 Temiskaming Crescent, Ottawa, ON K2J0V4
Decision in favor of
landlord
Balance Owed to Landlord
$12,992
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Feb 2024
Order Date
May 16, 2024
Tenancy End Date
Jun 2024
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. Tenant Alexandra Arthur was still in possession of the rental unit, while Tenant Konstantin Milyavsky had vacated sometime before January 31, 2023.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenant Alexandra Arthur in possession on application date
- Tenant Konstantin Milyavsky vacated on 2023-01-31
- Lawful rent is $2,200 per month
- Tenant Alexandra Arthur paid $12,150 since application filed
- Rent arrears owed on 2024-02-29 were $16,450
Arguments and Actions
Landlord
Arguments
Argued that Mr. Milyavsky remained a tenant and was more likely to pay the rent arrears.
Tenant
Actions
Tenant has a young daughter attending school in the area, recently had a baby, and was sick during pregnancy which resulted in falling behind on rent payments.
Decision Summary
The Landlord's application is granted. The tenancy is terminated unless the Tenant pays $23,236 by May 31, 2024 or $25,436 by June 30, 2024 to void the order. If the Tenant does not void the order, they must vacate the unit by June 30, 2024. The Landlord is entitled to compensation of $72.33 per day for use of the unit after February 13, 2024 until the Tenant vacates.
Reason for Eviction Relief
To allow Tenant to find new accommodations and avoid disrupting child's schooling
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$16,450
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$112
Total Owing
$12,992 (Owed to Landlord)
Source
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