Landlords Win Eviction Case Against Non-Paying Tenant in Rockland, ON: Hassan v Scott 2023
Rockland landlords awarded $35000 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: August 6, 2024
Case Summary
281 Topaze Cres, Rockland, ON K4K0E7
Decision in favor of
landlord
Balance Owed to Landlords
$30,235
Dispute Categories
Notices Sent
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Timeline
Application Date
Oct 2022
Hearing Date
Jun 2023
Order Date
Jul 19, 2023
Tenancy End Date
Jul 2023
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit by the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent due on 1st of each month at $2,800
- Tenant made no payments since application filed
- Rent arrears of $35,000 as of hearing date
Case Study
The Tenant's request for review is granted as the Tenant was not reasonably able to participate in the original hearing. The Tenant's request for adjournment of the re-hearing is denied. The Landlords served a valid N4 Notice, the Tenant did not void the notice, and the Tenant is still in possession. The Board finds it would be unfair to grant further relief from eviction beyond the standard voidable order.
Arguments and Actions
Landlord
Actions
Landlords approached Tenant about a repayment agreement but Tenant was unwilling until repairs were made. Landlords are struggling financially and cannot afford their own housing needs.
Tenant
Arguments
Tenant seeks relief in the form of a 12-month repayment plan or 60-day eviction delay.
Actions
Tenant has not made any rent payments since August 2022.
Procedural Errors
Tenant was not reasonably able to participate in original hearing due to non-receipt of hearing notice.
Decision Summary
The tenancy is terminated unless the Tenant pays $37,960 (less any payment made after the hearing) by July 30, 2023 to void the order. If the Tenant does not pay, they must vacate by July 30, 2023 and owe $30,234.95 plus daily compensation of $92.05 from June 9, 2023 until move-out.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$2,800
Rent Arrears
$35,000
Application Fee
$186
Rent Deposit
$2,800
Deposit Interest
$87
Total Owing
$30,235 (Owed to Landlords)
Source
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