Landlord Wins Eviction Case Against Non-Paying Tenants: Ace Prime Holdings, Inc. v Earnshaw and Cholette 2021
Landlord awarded $12545 after evicting non-paying tenants in Smooth Rock Falls
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 74 4th Street, Smooth Rock Falls, ON P0L2B0
Decision in favor of
landlord
Balance Owed to Landlord
$12,546
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2020
Tenancy End Date
Feb 2021
Order Date
Jun 10, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on February 13, 2021, prior to the final hearing date.
Determinations
- Tenants did not pay rent from August 1, 2019 to November 30, 2020
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants vacated rental unit on February 13, 2021
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were in possession of the rental unit on the application date, but had vacated the unit prior to the final hearing date. The Landlord is entitled to terminate the tenancy and recover the outstanding rent and costs.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on February 13, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective February 13, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $12,545.85 to the landlord, which includes rent arrears up to the move-out date and compensation for the period after the termination notice, plus the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Rent Arrears
$4,216
Application Fee
$175
Damages
$8,330
Total Owing
$12,546 (Owed to Landlord)
Source
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