Landlord Wins Eviction Case Against Non-Paying Tenant in Sudbury: DOJ Construction Ltd. v Hill 2021
Sudbury landlord awarded $7647 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
46 Fielding Street, Sudbury, ON P3A3Z3
Decision in favor of
landlord
Balance Owed to Landlord
$7,648
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2020
Hearing Date
Dec 2020
Order Date
Feb 25, 2021
Tenancy End Date
Mar 2021
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 Landlord served 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 full rent from July 1, 2020 to December 31, 2020
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,300
- Landlord incurred $186 in application filing costs
- Landlord holds $1,300 rent deposit with $10.04 interest owing to Tenant
- Tenant paid $1,300 after application was filed
- Tenant's argument of duress in signing lease fails
- Tenant's withholding of rent for not receiving standard lease format is not permitted
Case Study
The Tenant's argument of duress in signing the lease fails, as the Tenant had a choice to either sign the lease or look for another rental. The Tenant's withholding of rent for not receiving a standard lease format is also not permitted under the Residential Tenancies Act, as the Tenant did not make a written request for the lease. The Landlord's attempt to negotiate a repayment plan and the Tenant's ability to pay the arrears were considered, but relief from eviction was found to be unfair.
Arguments and Actions
Tenant
Arguments
Tenant argued he signed the lease under duress, as he felt he had no choice but to sign it on the move-in date or he would have nowhere to go.
Actions
Tenant withheld rent for July 2020 due to not receiving a standard lease format, despite having a copy of the lease.
Procedural Errors
Tenant did not make a written request for the standard lease format, as required under the Residential Tenancies Act.
Decision Summary
The tenancy is terminated effective March 8, 2021. The Tenant must pay the Landlord $7,647.55 (less any payment made after December 4, 2020), plus $42.74 per day starting February 26, 2021 until the Tenant vacates. The Tenant can void the eviction order by paying the Landlord the required amount by the specified deadlines.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$6,500
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$10
Total Owing
$7,648 (Owed to Landlord)
Source
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