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Summarized by RentZenLast updated: July 26, 2024
3 Lorne Street, Sudbury, ON P3C4S6
Decision in favor of
landlord
Balance Owed to Landlord
$8,707
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Application Date
Dec 2020
Hearing Date
Jun 2021
Order Date
Jul 8, 2021
Tenancy End Date
Jul 2021
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.
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2020 to June 30, 2021. 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 has made no payments since the application was filed. The Landlord collected a rent deposit of $850 from the Tenant, and interest on the rent deposit is owed to the Tenant. The Board considered the impact of COVID-19 on the parties and the Landlord's attempt to negotiate a repayment agreement, but found it would be unfair to grant relief from eviction. The Tenant's request to pay $100 or $250 per month towards the arrears was found to be overly prejudicial to the Landlord.
Tenant requested Board exercise discretion to allow him to pay $100 or $250 per month towards arrears.
Tenant immediately fell into rent arrears after moving in June 2020, despite receiving CERB since May 2020. Tenant has made no payments to Landlord since application was filed.
Tenant did not provide advance disclosure to Landlord or Board as required, so not permitted to raise issues under section 82 of the Act.
The tenancy is terminated effective July 19, 2021. The Tenant must pay the Landlord $8,707.42, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $27.95 per day for compensation for use of the unit starting July 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by July 19, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by July 19, 2021, the Landlord may file the order with the Sheriff for enforcement.
LTB Member
546
92.1%
2.9%
5.0%
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Lawful Rent
$850
Rent Arrears
$4,063
Application Fee
$186
Rent Deposit
$850
Deposit Interest
$11
Total Owing
$8,707 (Owed to Landlord)
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