Landlord Wins Eviction Case Against Tenant with Arrears in Barrie, ON: Dolgin v Brushette 2023
Barrie landlords awarded $11172 in rent arrears, tenant ordered to vacate by December 31, 2023
Summarized by RentZenLast updated: August 6, 2024
Case Summary
117 Blue Forest Cres, Barrie, ON L9J0N7
Decision in favor of
landlord
Balance Owed to Landlord
$11,172
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Nov 2023
Order Date
Nov 29, 2023
Tenancy End Date
Dec 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,950.00 due on 1st of each month
- Tenant paid $1,350.00 since application filed
- Rent arrears owing to November 30, 2023 are $16,350.00
- Landlords incurred $186.00 in application filing costs
- Landlords hold $2,950.00 rent deposit with $46.07 interest
Case Study
The tenancy is unsustainable for the Tenant given her current income and the arrears will likely continue to increase as the Tenant was unable to provide a monthly income from her new part-time job. The Tenant's current income is insufficient to meet the monthly rent obligation as well her monthly expenses, let alone plus a repayment plan for the arrears. Also, although the Tenant was confident that her income would increase with her new employment, the Tenant did not have a clear idea of how much income she could expect in the future. Given the unknown amount of income, it would not be realistic to impose a repayment plan.
Arguments and Actions
Landlord
Arguments
Landlords' Legal Representative submitted that the Landlords' and the Tenant had previously negotiated a payment plan where the Tenant was to pay rent on time and make an arrears payment of $1,350.00 commencing November 1, 2023. Tenant only made the arrears payment and not the rent payment. The payment plan that the Tenant put forth was unrealistic as the Tenant had already defaulted on a payment plan that was less.
Tenant
Arguments
Tenant submitted that she had entered into a payment agreement with the Landlords prior to the hearing and due to fraudulent activity, her bank account was put on hold, and she was unable to pay the first installment of her payment agreement.
Actions
Tenant lives in the rental unit with her three minor children (ages 16, 13, and 11) and her mother who financially contributes to the household. Tenant recently secured a part-time job with an hourly wage of $27.62 and has an interview for a full-time job. Tenant's only income is from her new part-time job and $2,600.00 per month from Child Tax Benefit. Tenant's mother receives $1,500.00 per month.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,536.00 by November 30, 2023 or $19,486.00 by December 31, 2023 to void the order. If the Tenant does not void the order, the Tenant must move out by December 31, 2023 and pay the Landlord $11,171.87 plus daily compensation of $96.99 from November 7, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
96.5%
Tenant Favorable
3.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,950
Rent Arrears
$16,350
Application Fee
$186
Rent Deposit
$2,950
Deposit Interest
$46
Total Owing
$11,172 (Owed to Landlord)
Source
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