Landlord Wins Eviction Case Against Tenant for Non-Payment and Persistent Late Rent: Brysonwood Construction Inc c/o Harrison Carter Group v Morrison 2024
Landlord awarded $10589 in rent arrears, tenant evicted for non-payment and persistent late rent payments
Summarized by RentZenLast updated: August 6, 2024
Case Summary
29 Craig St, London, ON N6C1E9
Decision in favor of
landlord
Balance Owed to Landlord
$10,589
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2023
Hearing Date
Jan 2024
Order Date
Feb 26, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,700 per month
- Tenant paid $2,000 since application filed
- Rent arrears of $11,600 as of hearing date
- Landlord incurred $186 in application filing fees
- No last month's rent deposit
- Landlord served valid N8 Notice
- Tenant persistently late on rent from July 2022 to June 2023
- Tenant unable to maintain tenancy due to financial difficulties
Case Study
The Tenant's financial difficulties and inability to pay rent on time were not found to be sufficient grounds to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant has no income and cannot afford the lawful monthly rent.
Decision Summary
The tenancy is terminated effective March 8, 2024. The Tenant must pay the Landlord $10,589.01, which includes rent arrears and application filing fees. If the Tenant does not vacate by March 8, 2024, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,700
Rent Arrears
$11,600
Application Fee
$186
Total Owing
$10,589 (Owed to Landlord)
Source
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