Landlord Wins Eviction Case Against Non-Paying Tenants in St. Catharines: El Shaboury v Das 2022
St. Catharines landlord wins eviction case against tenants owing $31686 in unpaid rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
46 Laird Dr, St Catharines, ON L2P3E4
Decision in favor of
landlord
Balance Owed to Landlord
$31,686
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Aug 2022
Order Date
Nov 21, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord holds $2,100 rent deposit
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $2,100 due on 1st of each month
- No payments made since application filed
- Rent arrears of $25,286 as of hearing date
- Tenants admitted to not paying any rent
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the rent arrears. As of the hearing date, the Tenants were still in possession of the rental unit. The Tenants have not made any rent payments since August 2021 despite the Landlord's efforts to negotiate a payment plan. The Tenants were unable to demonstrate how they would be able to pay the lawful monthly rent and the arrears. It would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a payment plan with the Tenants.
Tenant
Actions
Tenants admitted to not paying any rent to the Landlord.
Decision Summary
The tenancy is terminated unless the Tenants pay $31,686 by November 30, 2022 or $33,786 by December 2, 2022 to void the order. If the Tenants do not pay, they must move out by December 2, 2022 and pay the Landlord $8,586, plus daily compensation of $69.04 until they vacate. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement.
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
$2,100
Rent Arrears
$25,286
Application Fee
$186
Rent Deposit
$2,100
Total Owing
$31,686 (Owed to Landlord)
Source
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