Davis v Michele Francis Scarff: Non-payment of Rent Case in Stoney Creek, ON
Stoney Creek tenants evicted for non-payment, owe $20456 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
56 Edgewater Dr, Stoney Creek, ON L8E4Z3
Decision in favor of
landlord
Balance Owed to Landlords
$20,456
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Aug 2022
Order Date
Oct 26, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlords served a valid N4 Notice, which Tenants did not void by paying the arrears. Tenants were still in possession of the rental unit at the time of the hearing but did not attend.
Determinations
- Landlords entitled to reimbursement of $186.00 application filing fee
- Landlords hold $2,900.00 rent deposit
- Landlords served valid N4 Notice
- Lawful rent is $2,900.00 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to August 31, 2022 are $23,200.00
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants could have avoided eviction by paying the full amount owing before the termination date or by attending the hearing to present their case. They could have also negotiated a repayment agreement with the Landlords or requested relief from eviction under subsection 83(1) of the Residential Tenancies Act.
Arguments and Actions
Landlord
Arguments
Landlords argued for termination of tenancy and eviction based on non-payment of rent, as per the Residential Tenancies Act.
Actions
Landlords served a valid N4 Notice and filed the application for eviction due to non-payment of rent.
Tenant
Actions
Tenants did not pay rent, resulting in $23,200.00 in arrears by August 31, 2022. Tenants did not attend the hearing or request an adjournment.
Procedural Errors
Tenants failed to attend the hearing or request an adjournment, limiting their ability to present their case or seek relief from eviction.
Decision Summary
The tenancy is terminated unless Tenants void the order by paying $32,086.00 by November 6, 2022. If not voided, Tenants must move out by November 6, 2022, and pay $20,456.44 plus $95.34 per day from November 7, 2022, until they vacate. The Landlords may file for eviction enforcement starting November 7, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
56
Landlord Favorable
60.7%
Tenant Favorable
19.6%
Mutual Agreement
19.6%
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Financial Details
Lawful Rent
$2,900
Rent Arrears
$23,200
Application Fee
$186
Rent Deposit
$2,900
Deposit Interest
$30
Total Owing
$20,456 (Owed to Landlords)
Source
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