Landlord Wins Eviction Case Against Non-Paying Tenants in Oshawa: Brum v John 2021
Oshawa landlord awarded $6100 in rent arrears after tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
572 Montcalm Avenue, Oshawa, ON L1J2H1
Decision in favor of
landlord
Balance Owed to Landlord
$2,461
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 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 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. The tenants had not vacated the rental unit as of the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,125 per month
- Tenants paid $3,825 after application filed
- Arrears and costs to Dec 31, 2020 total $1,336
Case Study
The Tenants have not paid the total rent they were required to pay for the period from August 1, 2020 to December 31, 2020. Because of the arrears, the Landlord served a Notice of Termination effective August 17, 2020. The Tenants are in possession of the rental unit. The lawful monthly rent is $1,125.00. The Landlord is not holding a last month's rent deposit. The Tenants paid $3,825.00 after the application was filed. The arrears and costs owing to December 31, 2020 total $1,336.00. Since the hearing date, the rent for the month of January 2021 has also come due.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective January 26, 2021 unless the Tenants pay $2,461 to void the eviction order. The Tenants must pay $1,781.72 in rent arrears and compensation up to January 15, 2021, plus $36.99 per day in compensation starting January 16, 2021 until they vacate. The Tenants must also pay $186 in application filing fees.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,125
Rent Arrears
$6,100
Application Fee
$186
Total Owing
$2,461 (Owed to Landlord)
Source
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