Landlord Wins Eviction Case Against Tenants for Non-Payment of Rent: Cadiou v Jordan and Lupton 2021
Orillia landlord awarded eviction and $6000 in rent arrears from non-paying tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1046 Mississaga Street W, Orillia, ON L3V7E8
Decision in favor of
landlord
Balance Owed to Landlord
$6,250
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Oct 2021
Order Date
Nov 2, 2021
Tenancy End Date
Nov 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.
Determinations
- Tenants have not paid total rent owed from July 1, 2021 to October 31, 2021
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Lawful monthly rent is $1,950
- Tenants moved in February 2021, received CERB at one point
- Landlord holds $1,950 rent deposit
Case Study
The Tenants have not paid the total rent they were required to pay for the period from July 1, 2021 to October 31, 2021. The Landlord served a valid N4 Notice, and the Tenants were in possession of the rental unit on the date the application was filed. The Tenants moved into the rental unit in February 2021 and were receiving the Canada Emergency Response Benefit at one point due to the pandemic. The Landlord collected a rent deposit of $1,950 from the Tenants, which is still being held. Considering the disclosed circumstances, including the impact of COVID-19, it would not be unfair to postpone the eviction until November 24, 2021.
Arguments and Actions
Tenant
Actions
Tenants did not make any payments after the application was filed.
Decision Summary
The tenancy is terminated effective November 24, 2021. The Tenants must pay the Landlord $6,249.74, which includes rent arrears up to November 2, 2021 and the application filing fee, less the rent deposit. The Tenants must also pay $64.11 per day for compensation for use of the unit starting November 3, 2021 until they move out. If the Tenants pay $9,936 on or before November 24, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$6,064
Application Fee
$186
Rent Deposit
$1,950
Total Owing
$6,250 (Owed to Landlord)
Source
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