9949488 Canada Limited v O'Quinn - LTB Ruling on Non-Payment and Persistent Late Payment
Landlord wins LTB case against tenants in Lasalle for non-payment and persistent late payment of rent, tenants face eviction and $13711 in arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
306 Jewel St, Lasalle, ON N9J3X5
Decision in favor of
landlord
Balance Owed to Landlord
$13,711
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Feb 9, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenants did not void by paying the arrears. The Tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on application date
- Lawful rent is $1,680.43 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to hearing date are $11,845.00
- Landlord incurred $186.00 in application filing fees
- Landlord holds $1,620.00 rent deposit and $155.92 in interest
- Landlord served valid N8 notice for persistent late payment
- Tenant paid rent late 8 out of 12 months covered by N8 notice
Arguments and Actions
Tenant
Actions
Tenant was unaware on how to pay rent to Landlord and had the rent arrears saved up.
Decision Summary
The Landlord's applications for termination of the tenancy due to non-payment of rent and persistent late payment of rent were granted. The Tenant may void the order by paying $13,711.43 on or before February 20, 2024. If the Tenant does not void the order, the tenancy will be terminated, and the Tenant must pay $9,127.15 to the Landlord. The Tenant will also owe daily compensation for continued occupation of the unit.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Lawful Rent
$1,680
Rent Arrears
$11,845
Application Fee
$186
Rent Deposit
$1,620
Deposit Interest
$156
Total Owing
$13,711 (Owed to Landlord)
Source
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