Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: 468 Ottawa North Residences Corp. v Taylor 2021
Tenant ordered to pay $16420 in rent arrears and vacate unit after failing to make payments for months
Summarized by RentZenLast updated: July 26, 2024
Case Summary
468 Ottawa Street North, Hamilton, ON L8H4A6
Decision in favor of
landlord
Balance Owed to Landlord
$16,606
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Hearing Date
Jun 2021
Order Date
Nov 16, 2021
Tenancy End Date
Nov 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 was in possession of the rental unit on the application date.
Determinations
- Tenant has not paid rent from November 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,425.00
- Landlord collected $1,425.00 rent deposit
- Interest on rent deposit owed to Tenant from October 1, 2020 to November 20, 2020
Case Study
The Tenant admitted owing the arrears. The Tenant submitted that she ran into financial difficulties and consequently, she allocated her resources elsewhere. I acknowledge the difficulties the Tenant may have faced; however, the Landlord is prejudiced when arrears are significant. The Tenant did not have a concrete plan to repay this arrears and prolonging the tenancy will only increase the arrears.
Arguments and Actions
Tenant
Actions
Tenant submitted that she ran into financial difficulties and consequently, she allocated her resources elsewhere.
Decision Summary
The tenancy is terminated effective November 27, 2021. The Tenant must pay the Landlord $16,420.46, which includes rent arrears up to November 16, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $46.85 per day for compensation for use of the unit starting November 10, 2021 until the Tenant moves out. If the Tenant pays the full amount of $18,711.00 on or before November 27, 2021, the eviction order will be void and the Tenant can remain in the unit.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,425
Rent Arrears
$16,420
Application Fee
$186
Rent Deposit
$1,425
Deposit Interest
$4
Total Owing
$16,606 (Owed to Landlord)
Source
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