Landlord Wins Eviction Case Against Non-Paying Tenant in Orleans: Drouin v Bangala 2023
Landlord wins eviction order against tenant owing $14386 in rent arrears in Orleans, Ontario
Summarized by RentZenLast updated: August 6, 2024
Case Summary
4524 Innes Rd, Orleans, ON K4A3J7
Decision in favor of
landlord
Balance Owed to Landlord
$11,069
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 31, 2023
Tenancy End Date
Jun 2023
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
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,775 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears owing to May 31, 2023 are $14,386
- Landlord incurred $186 application filing fee
- Landlord holds $1,775 rent deposit
Case Study
The Divisional Court has found that a Tenant's continued non-payment of rent constitutes an abuse of process where the Tenant has been ordered to pay rent. The Divisional Court has held that where the Tenant's continued non-payment of rent arises, it is reasonable for the Board to determine if the Board should exercise discretion to permit submissions from the Tenant. Section 195(4) also states that the Board MAY refuse to consider the evidence and submissions of the Tenant.
Arguments and Actions
Tenant
Arguments
Tenant suggested the N4 notice and application were defective because they did not list the Tenant's legal name.
Actions
Tenant explained the impact of the application and poor landlord-tenant relationship on the Tenant and their family. Tenant also submitted that the Landlord does not properly maintain the rental unit.
Decision Summary
The tenancy is terminated unless the Tenant pays $14,386 by May 31, 2023 or $16,161 by June 11, 2023 to void the order. If the Tenant does not void the order, they must pay $11,069.44 to the Landlord and vacate the unit by June 11, 2023. The Tenant will also owe $58.36 per day in compensation for use of the unit starting May 5, 2023.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$1,775
Rent Arrears
$14,386
Application Fee
$186
Rent Deposit
$1,775
Total Owing
$11,069 (Owed to Landlord)
Source
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