Landlord Wins Eviction Case Against Non-Paying Tenants in Belle River: Bedi v Chenier 2023
Landlord wins eviction case against non-paying tenants in Belle River, tenants ordered to pay $577 in costs
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1116 Monarch Meadows Dr, Belle River, ON N0R1A0
Decision in favor of
landlord
Balance Owed to Landlord
$577
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Sep 2023
Hearing Date
Oct 2023
Order Date
Oct 19, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and because the Landlord requires possession of the rental unit for the purpose of residential occupation. The application was resolved by order LTB-L-072908-22 issued on July 20, 2023. The Tenants requested a review of the order and the order was stayed until the request to review the order was resolved.
Determinations
- Landlord served valid order on July 20, 2023
- Tenants did not void order by paying arrears
- Tenants in possession on application date
- Tenants vacated on September 15, 2023
- Lawful rent due on 1st of each month
- No payments made since order issued
Case Study
The evidence is insufficient to establish that it is more likely than not that the Landlord committed an abuse of process as alleged by the Tenants. The Tenants' request for review is denied.
Arguments and Actions
Landlord
Actions
Landlord denies going to the rental unit on September 6 and September 14, 2023, denies removing the Sheriff's notice, and denies subsequently giving it to the Tenants.
Tenant
Actions
Tenants allege Landlord removed Sheriff's notice on September 6, 2023 and served it on them on September 14, 2023.
Decision Summary
The Tenants' request for review is denied. The stay of the order issued on July 20, 2023 is lifted effective immediately. The Landlord can file the order with the Court Enforcement Officer (Sheriff) at any time and the Sheriff is directed to give vacant possession of the unit to the Landlord. The Tenants shall pay the Landlord $377.00 for non-refundable Sheriff costs and $200.00 for the costs of the review, for a total of $577.00.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Rent Arrears
$18,200
Application Fee
$377
Total Owing
$577 (Owed to Landlord)
Source
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