Landlord Wins Eviction Case Against Tenants Owing $14750 in Rent Arrears: HART HOUSE HOLDINGS v Trickett 2022
Landlord wins eviction case against tenants owing $14750 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
7 Cumberland St, Barrie, ON L4N2P3
Decision in favor of
landlord
Balance Owed to Landlord
$12,697
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Aug 2022
Order Date
Sep 2, 2022
Tenancy End Date
Sep 2022
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,500 per month
- Rent arrears of $14,750 up to hearing date
- Landlord incurred $186 in application fees
- Tenant paid $1,000 since application filed
- Landlord holds $1,500 rent deposit
- Landlord owes Tenant $77.06 in deposit interest
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. As of the hearing date, the Tenant was still in possession of the rental unit. The lawful rent was $1,500 per month, and the Tenant owed $14,750 in rent arrears up to the hearing date. The Landlord incurred $186 in application filing fees. The Tenant had paid $1,000 since the application was filed. The Landlord held a $1,500 rent deposit, and owed the Tenant $77.06 in interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord representative said the Tenant has been a good Tenant but just can't pay the rent, and the financial strain has been significant as it is a mortgaged property.
Tenant
Actions
Tenant said he has been unemployed since early 2022 and has fallen behind on financial obligations.
Decision Summary
The tenancy is terminated unless the Tenant pays $16,436 to void the order by September 13, 2022. If the Tenant does not void the order, the Tenant must pay the Landlord $12,697.38, which includes rent arrears and application filing fees, minus the rent deposit and interest owed to the Tenant. The Tenant must also pay daily compensation of $49.32 for each day of occupation starting August 18, 2022 until the Tenant vacates the unit.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$14,750
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$77
Total Owing
$12,697 (Owed to Landlord)
Source
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