Landlord Wins Rent Arrears Case Against Single Mother Tenant: CDW Holdings Inc. v Medeiros 2020
Sarnia landlord awarded $6190 in rent arrears, but eviction of single mother tenant denied with payment plan
Summarized by RentZenLast updated: July 26, 2024
Case Summary
252 Vidal Street S, Sarnia, ON N7T5Y5
Decision in favor of
landlord
Balance Owed to Landlord
$6,190
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2020
Hearing Date
Oct 2020
Order Date
Oct 6, 2020
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 total rent owed from November 1, 2019 to October 31, 2020
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Monthly rent is $1,100.00
- Tenant owes $6,190.00 as of hearing date, including arrears and application fee
Case Study
The Tenant owes the Landlord $6,190.00, including rent arrears up to October 31, 2020 and the application filing fee. The Landlord's application for eviction is denied on the condition that the Tenant makes the specified payments by the due dates. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges.
Arguments and Actions
Landlord
Arguments
Landlord opposed the length of the payment plan proposed by the Tenant and hoped the arrears would be resolved by the end of January 2021.
Tenant
Arguments
Tenant requested a payment plan to pay off the arrears by the end of February 2021.
Actions
Tenant is a single mother of two children, recently resumed employment in mid-August, and has reached out to local services to assist in preserving her tenancy.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant makes the specified payments by the due dates. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,100
Rent Arrears
$6,000
Application Fee
$190
Total Owing
$6,190 (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.