Landlord Wins Eviction Case Against Persistent Late-Paying Tenants: Ali v Smith 2023
Oakville landlords awarded $4900 in rent arrears, tenants ordered to vacate
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 3233 Sunflower Dr, Oakville, ON L6M1N3
Decision in favor of
landlord
Balance Owed to Landlord
$4,900
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Aug 2023
Order Date
Aug 14, 2023
Tenancy End Date
Sep 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of 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.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,950 due on 1st of each month
- Rent arrears and costs owed to July 31, 2023 are $10,750
Decision Summary
The tenancy is terminated effective September 30, 2023. The Tenants must move out by that date. The Tenants owe $4,900 in arrears to the Landlords, plus any additional balance remaining from the August 2023 rent. If the unit is not vacated by September 30, 2023, the Tenants will owe the Landlord $64.11 per day in compensation until they move out. If the full amount is not paid by November 1, 2023, the Tenants will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$10,750
Rent Deposit
$1,950
Total Owing
$4,900 (Owed to Landlord)
Source
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