Landlord Wins Eviction Case Against Tenant Behind on Rent in Orillia: A.G.SECURE PROPERTY MANAGEMENT INC v Morris 2024
Orillia landlord wins eviction case against tenant behind on $12023 in rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
3 Laclie St, Orillia, ON L3V4P8
Decision in favor of
landlord
Balance Owed to Landlord
$12,023
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Jan 2024
Order Date
Jan 12, 2024
Tenancy End Date
Jan 2024
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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,691 due on 1st of each month
- No payments made since application filed
- Rent arrears of $11,837 as of 2024-01-31
- Landlord incurred $186 in filing fees
- Tenant paid $1,691 rent deposit, with $39.15 interest owed
- Tenant's request for payment for work denied due to lack of disclosure
Case Study
The Tenant lost his partner in early 2023 and has been unable to keep up with rent payments. He is supposed to receive insurance benefits but has not received them yet. The Tenant's bank account was also frozen due to fraudulent activity, but it has enough money to pay the rent arrears. The Tenant is on ODSP and does not get enough money to pay rent every month, but he plans to get a roommate to make rent affordable.
Arguments and Actions
Tenant
Actions
Tenant lost his partner in early 2023 and has been unable to keep up with rent payments. His bank account was frozen due to fraudulent activity, but it has enough money to pay the rent arrears.
Decision Summary
The tenancy will be terminated on January 31, 2024 unless the tenant pays $12,023 to void the order and continue the tenancy. If the tenant does not pay, they must move out by January 31, 2024 and pay the landlord $8,824.21 plus $55.59 per day in compensation starting January 5, 2024.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,691
Rent Arrears
$11,837
Application Fee
$186
Rent Deposit
$1,691
Deposit Interest
$39
Total Owing
$12,023 (Owed to Landlord)
Source
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