Landlord Wins Eviction Case Against Non-Paying Tenant in St. Catharines: Gatti v Covello 2021
St. Catharines landlord awarded $5680 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
4 Race Street, St Catharines, ON L2R 3M1
Decision in favor of
landlord
Balance Owed to Landlord
$5,680
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Aug 24, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord 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 of Termination effective February 15, 2021, which the tenant did not void by paying the arrears.
Determinations
- Tenant has not paid rent from November 1, 2020 to July 31, 2021
- Landlord served valid Notice of Termination effective February 15, 2021
- Tenant did not void notice by paying arrears
- Landlord collected $650 rent deposit
- Interest on rent deposit owed to Tenant from June 1, 2020 to February 15, 2021
- Unfair to grant relief from eviction
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from November 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective February 15, 2021. The Landlord collected a rent deposit of $650.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from June 1, 2020 to February 15, 2021. The Adjudicator found that it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent from November 1, 2020 to July 31, 2021.
Decision Summary
The tenancy is terminated effective August 31, 2021. The Tenant must pay the Landlord $5,680.38, which includes rent arrears up to August 24, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $21.37 per day for compensation for use of the unit starting August 25, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 31, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$2,271
Application Fee
$186
Rent Deposit
$650
Deposit Interest
$0
Damages
$4,060
Total Owing
$5,680 (Owed to Landlord)
Source
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