Landlord Wins Non-payment Case: 7247177 Manitoba Ltd. v Dowton 2023
Thunder Bay tenant evicted for $19624 in unpaid rent, ordered to pay $18083
Summarized by RentZenLast updated: September 12, 2024
Case Summary
14,900 Northern Ave, Thunder Bay, ON P7C2W4
Decision in favor of
landlord
Balance Owed to Landlord
$18,083
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Jul 2023
Order Date
Jul 17, 2023
Tenancy End Date
Jul 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. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent continues to be $986.70
- Tenant paid $2,000 since application filed
- Rent arrears owing to July 31, 2023 are $19,623.90
- Landlord entitled to $40 for NSF charges
- Landlord entitled to $186 for filing application
- Landlord holds $975 rent deposit
- Interest on rent deposit is $32.67 owed to Tenant
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord is entitled to the rent arrears up to the hearing date, the cost of filing the application, and the NSF charges, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant stopped responding to Landlord in June 2022 and has not made any payments since then.
Decision Summary
The tenancy is terminated unless the Tenant pays $19,849.90 to void the order by July 28, 2023. If the Tenant does not pay, the Tenant must move out by July 28, 2023 and pay the Landlord $18,082.61, plus daily compensation of $32.44 starting July 8, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$987
Rent Arrears
$19,624
Application Fee
$186
Rent Deposit
$975
Deposit Interest
$33
Other Owed Amount
$40
NSF charges
Total Owing
$18,083 (Owed to Landlord)
Source
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