Landlord Wins Rent Arrears Case Against Tenant in St. Thomas, Ontario: Habl v Johnston 2021
Landlord awarded $20586 in rent arrears and fees after tenant fails to pay rent in St. Thomas, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
67 Scott Street, St Thomas, ON N5P1K8
Decision in favor of
landlord
Balance Owed to Landlord
$20,586
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2020
Hearing Date
Jun 2021
Order Date
Aug 30, 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served an invalid N4 Notice, so the Board did not have jurisdiction to terminate the tenancy. The Landlord proceeded for an arrears only order.
Determinations
- Landlord served invalid N4 Notice
- Tenant is in possession of rental unit
- Monthly rent is $1,200, not $600 as claimed by Tenant
- Tenant has paid no rent from January 20, 2020 to June 19, 2021
- Tenant owes $20,400 in rent arrears and $186 in application fees
Case Study
The Landlord's N4 Notice was found to be defective and confusing, so the Board did not have jurisdiction to terminate the tenancy. The Landlord was able to proceed for an arrears only order.
Arguments and Actions
Landlord
Procedural Errors
Landlord served an invalid N4 Notice that was found to be confusing and defective.
Tenant
Arguments
Tenant disputed that the monthly rent is $1,200, claiming it is $600.
Actions
Tenant claimed she paid $600 rent in cash every month, but provided no evidence to support this. Tenant's mother's testimony was inconsistent.
Decision Summary
The Tenant is ordered to pay the Landlord $20,400 in rent arrears and $186 in application fees. If the Tenant does not pay the full amount by September 10, 2021, they will start owing interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$20,400
Application Fee
$186
Total Owing
$20,586 (Owed to Landlord)
Source
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