Landlord Wins Eviction Case Against Tenants Who Stopped Paying Rent: Frontline Property Management v Pash and Porteous 2020
Barrie landlord successfully evicts tenants who stopped paying rent, orders them to pay over $3800 in arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
30 Essa Road, Barrie, ON L4N3K5
Decision in favor of
landlord
Balance Owed to Landlord
$3,814
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Sep 2020
Order Date
Oct 28, 2020
Tenancy End Date
Nov 2020
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
- Tenants have not paid the total rent they were required to pay for the period from December 1, 2019 to September 30, 2020
- Landlord collected a rent deposit of $1,025.00 from the Tenants
- Interest on the rent deposit is owing to the Tenants for the period from June 1, 2019 to September 30, 2020
- Tenant, H. Porteous, has not paid any rent since June 2020 due to lack of income
- Tenancy is no longer viable due to non-payment of rent
- Eviction postponed to November 15, 2020 due to pandemic impact on Tenant's employment
Case Study
The Tenants have not paid the total rent they were required to pay for the period from December 1, 2019 to September 30, 2020. The Landlord collected a rent deposit of $1,025.00 from the Tenants, and interest on the rent deposit is owing to the Tenants for the period from June 1, 2019 to September 30, 2020. The Tenant, H. Porteous, said that he has not paid any rent at all since June 2020 because he did not have sufficient income. However, due to the situation created by the pandemic, and its impact on HP's employment or ability to find employment, the adjudicator found that it is not unfair to give HP a bit longer to find an alternative place to live.
Arguments and Actions
Landlord
Arguments
Landlord is seeking a standard termination order.
Actions
Landlord tried to come up with a payment arrangement with Tenant, H. Porteous, but he told the Landlord that they could not "get blood from a stone" and that the Landlord should "stop bothering" him.
Tenant
Actions
Tenant, H. Porteous, said he has not paid any rent since June 2020 due to lack of income. He is currently looking for employment and wants to stay in the rental unit and pay the rent and arrears once he has employment.
Decision Summary
The tenancy is terminated effective November 15, 2020. The Tenants must pay the Landlord $3,814.44, which includes rent arrears up to October 28, 2020 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenants must also pay $33.70 per day for compensation for the use of the unit starting October 29, 2020 until they move out. If the Tenants do not pay the full amount owing by November 8, 2020, they will start to owe interest. If the unit is not vacated by November 15, 2020, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Rent Arrears
$3,926
Application Fee
$175
Rent Deposit
$1,025
Deposit Interest
$30
Total Owing
$3,814 (Owed to Landlord)
Source
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