Landlord Wins Eviction Case Against Non-Paying Tenant in Tillsonburg: 940412 Ontario Ltd. v Ouimette 2020
Tillsonburg landlord awarded $6133 in rent dispute, tenant evicted
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 70 Devonshire Avenue, Tillsonburg, ON N4G4Y1
Decision in favor of
landlord
Balance Owed to Landlord
$6,133
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2019
Hearing Date
Feb 2020
Order Date
Aug 26, 2020
Tenancy End Date
Sep 2020
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
- Tenant did not pay full rent from October 1, 2019 to February 29, 2020
- Landlord served valid N4 Notice
- Tenant in possession of rental unit
- Monthly rent is $816.25 effective January 1, 2020
- Landlord collected $800 rent deposit
- Interest on rent deposit owed to Tenant from March 1, 2014 to January 1, 2020
- Tenant paid $650 after application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was in possession of the rental unit at the time of the application. The Landlord is entitled to terminate the tenancy and evict the Tenant for non-payment of rent.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent from October 2019 to February 2020, resulting in rent arrears.
Decision Summary
The tenancy is terminated effective September 6, 2020. The Tenant must pay the Landlord $6,132.99, which includes rent arrears, compensation, and the application fee, less the rent deposit and interest owed on the deposit. If the Tenant does not pay the full amount by September 6, 2020, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
34
Landlord Favorable
88.2%
Tenant Favorable
2.9%
Mutual Agreement
8.8%
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Financial Details
Lawful Rent
$816
Rent Arrears
$1,280
Application Fee
$175
Rent Deposit
$800
Deposit Interest
$84
Damages
$6,388
Total Owing
$6,133 (Owed to Landlord)
Source
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