Landlord Wins Eviction Case Against Tenants with Children in North Bay: Bingelman v Bentley and Anderson 2022
LTB Rules on North Bay Rent Dispute: Landlord Evicts Tenants with Children
Summarized by RentZenLast updated: July 22, 2024
Case Summary
122 Blair Street, North Bay, ON P1A4E7
Decision in favor of
landlord
Balance Owed to Landlord
$15,304
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2021
Hearing Date
Feb 2022
Order Date
Feb 17, 2022
Tenancy End Date
Mar 2022
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.
Determinations
- Landlord not holding last month's rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent is $2,000
- Tenants have not paid rent from July 1, 2021 to February 28, 2022
- Tenants in possession on application date
- Tenants made no payments since application filed
Case Study
The Tenants have not paid the total rent they were required to pay for the period from July 1, 2021 to February 28, 2022. The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants are in possession of the rental unit, and have made no payments since the application was filed. While the Landlord requested a standard order, the Tribunal decided to postpone the eviction until March 15, 2022 to allow the Tenants, who have three children and are currently pregnant, time to make alternate housing arrangements.
Arguments and Actions
Tenant
Actions
Tenants have three children and the tenant Shaynna Bentley is currently pregnant.
Decision Summary
The tenancy is terminated effective March 15, 2022. The Tenants must pay the Landlord $15,303.81, plus $65.75 per day starting February 18, 2022 until the Tenants move out. If the Tenants do not pay the full amount by March 15, 2022, they will owe interest starting March 16, 2022. If the unit is not vacated by March 15, 2022, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$14,000
Application Fee
$186
Other Owed Amount
$1,118
Compensation from February 1, 2022 to February 17, 2022
Total Owing
$15,304 (Owed to Landlord)
Source
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