Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Graham v Hartung 2022
Landlord wins eviction case against tenant for $23000 in unpaid rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
5972 Fifth Line, Rockwood, ON N0B2K0
Decision in favor of
landlord
Balance Owed to Landlord
$23,328
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2020
Hearing Date
Dec 2021
Order Date
Jan 4, 2022
Tenancy End Date
Jan 2022
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 had been living in the rental unit owned by his parents for 10-12 years after his divorce.
Determinations
- Landlord served valid N4 Notice
- Lawful rent was $1,000 per month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Residential Tenancies Act, 2006 applies to the relationship between the parties. The Tenant was required to pay $1,000 per month in rent, but failed to do so since February 2020. The Landlords served a valid N4 Notice, and the Tenant is in possession of the rental unit. The Tenant's claims about inheriting $150,000 and purchasing the unit were found to be false.
Arguments and Actions
Tenant
Arguments
Tenant requested an opportunity to continue the tenancy by paying an additional $1,000 towards the arrears each month.
Actions
Tenant failed to pay rent since February 2020 due to impact of pandemic on his employment.
Decision Summary
The tenancy is terminated effective January 26, 2022. The Tenant must pay $23,328.87 to the Landlords, which includes rent arrears up to January 4, 2022 and the cost of filing the application. If the Tenant pays $24,186 on or before January 26, 2022, the eviction order will be void and the tenancy will continue.
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$23,142
Application Fee
$186
Total Owing
$23,328 (Owed to Landlord)
Source
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