Landlord Wins Eviction Case Against Non-Paying Tenant in Cornwall: Bruining v Laroque 2021
Cornwall landlord awarded $4900 in rent arrears, tenant ordered to pay or face eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
240 Alice Street, Cornwall, ON K6H4R9
Decision in favor of
landlord
Balance Owed to Landlord
$4,903
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2020
Hearing Date
Dec 2020
Order Date
Jan 15, 2021
Tenancy End Date
Jan 2021
We estimate Application Date using rent arrears.
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
- Tenant has not paid rent from June 1, 2020 to December 31, 2020
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $650
- Landlord not holding last month's rent deposit
- Tenant made no payments since application filed
- Arrears and costs owing to December 31, 2020 total $4,736
Case Study
The Tenant has the option to file his own application regarding maintenance issues, but he did not comply with the requirements set out under section 82 (2) of the Act. As the Tenant has indicated he is able to pay the amount within the standard, eleven-day period, while not on consent, that order shall issue.
Arguments and Actions
Tenant
Actions
Tenant withheld rent due to repairs that had not been addressed, but did not file intent to raise issues with the Board and Landlord as required under section 82.
Procedural Errors
Tenant did not comply with requirements under section 82 to file intent to raise maintenance issues
Decision Summary
The tenancy is terminated effective January 26, 2021. The Tenant must pay $4,902.63 to the Landlord, which includes rent arrears up to January 15, 2021 and the cost of filing the application. If the Tenant pays $5,386 on or before January 26, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$650
Rent Arrears
$4,736
Application Fee
$186
Total Owing
$4,903 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.