Landlord Wins Eviction Case Against Non-Paying Tenant in Orillia: Harvey v Eikelenboom 2022
Landlord Wins Big in Orillia Rent Dispute: Tenant Ordered to Pay $14000
Summarized by RentZenLast updated: July 22, 2024
Case Summary
9 Orma Drive, Orillia, ON L3V4J7
Decision in favor of
landlord
Balance Owed to Landlord
$14,039
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Apr 2021
Order Date
Feb 8, 2022
Tenancy End Date
Feb 2022
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had not paid the total rent required from March 1, 2020 to April 30, 2021.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Landlord's request for review was granted as the Landlord was unable to attend the initial hearing due to technical difficulties. The Board found it would be unfair to grant the tenant relief from eviction given the rent arrears.
Arguments and Actions
Landlord
Actions
Landlord states she had technical difficulties attending the initial hearing and was unable to log in.
Tenant
Actions
Tenant did not pay the total rent required from March 1, 2020 to April 30, 2021.
Decision Summary
The tenancy was terminated effective February 19, 2022. The tenant was ordered to pay $14,038.80 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application. If the tenant pays $28,036 on or before February 19, 2022, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
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Financial Details
Rent Arrears
$13,853
Application Fee
$186
Total Owing
$14,039 (Owed to Landlord)
Source
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