Landlord Wins Eviction Case Against Non-Paying Tenant in Oshawa: Bedford Properties & Estates Ltd. v Melnuk 2021
Oshawa landlord awarded $11228 in rent arrears, tenant ordered to vacate by January 31, 2022
Summarized by RentZenLast updated: July 26, 2024
Case Summary
296 Grenfell Street, Oshawa, ON L1J4W5
Decision in favor of
landlord
Balance Owed to Landlord
$11,229
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2021
Hearing Date
Dec 2021
Order Date
Dec 29, 2021
Tenancy End Date
Jan 2022
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
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant owes rent from February 1, 2021 to December 31, 2021
- Landlord collected $1,250 rent deposit
- Tenant paid $1,250 after application filed
- Lawful rent is $1,250 per month
Case Study
The Landlord's Representative was inadvertently not in the room when the matter was heard and was not able to participate in the proceedings. The review of the original order is granted.
Arguments and Actions
Landlord
Procedural Errors
The Landlord's Representative was inadvertently not in the room when the matter was heard and was not able to participate in the proceedings.
Tenant
Actions
Tenant did not pay full rent from February 1, 2021 to December 31, 2021.
Decision Summary
The tenancy is terminated effective January 31, 2022. The tenant must pay $11,228.68 to the landlord, which includes rent arrears up to the termination date, compensation for use of the unit, and the application filing fee, minus the rent deposit and interest on the deposit. The tenant can void the eviction order by paying $12,583.83 on or before December 31, 2021, or $13,833.83 on or before January 31, 2022.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,250
Rent Arrears
$12,369
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$0
Total Owing
$11,229 (Owed to Landlord)
Source
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