Landlord Wins Eviction Case Against Non-Paying Tenant in Sudbury: Ceming v Piatkowski 2022
Sudbury landlords evict tenant for $9700 in unpaid rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
311 Beverly Drive, Sudbury, ON P3E4B5
Decision in favor of
landlord
Balance Owed to Landlord
$9,908
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Jan 2022
Order Date
Jan 24, 2022
Tenancy End Date
Feb 2022
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
- Landlord not holding last month's rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent is $950.00
- Tenant has not paid rent from October 1, 2020 to January 31, 2022
- Tenant in possession of rental unit
- Tenant paid $800.00 after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2020 to January 31, 2022. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant is in possession of the rental unit, and the lawful monthly rent is $950.00. The Landlord is not holding a last month's rent deposit, but the Tenant paid $800.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective February 15, 2022. The Tenant must pay the Landlord $9,908.70, plus $31.23 per day starting January 25, 2022 until the Tenant moves out. The Tenant can void the order by paying $10,086.00 on or before January 31, 2022, or $11,036.00 on or before February 15, 2022.
Adjudicator Details
LTB Member
Total Orders
563
Landlord Favorable
79.9%
Tenant Favorable
5.2%
Mutual Agreement
14.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$950
Rent Arrears
$9,700
Application Fee
$186
Total Owing
$9,908 (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.