Landlord Wins Eviction Case Against Tenant Behind on Rent in Guelph: Homestead Land Holding Limited v Westgarth 2021
Guelph landlord successfully evicts tenant owing $8204 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
364 Waterloo Avenue, Guelph, ON N1H 3K2
Decision in favor of
landlord
Balance Owed to Landlord
$8,204
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Aug 2021
Order Date
Sep 28, 2021
Tenancy End Date
Oct 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 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.
Determinations
- Tenant has not paid total rent from November 1, 2020 to August 31, 2021
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $1,174.43
- Landlord collected $1,155.48 rent deposit from Tenant
- Interest on rent deposit owed to Tenant from March 1, 2021 to March 12, 2021
- Tenant paid $1,174.43 after application was filed
Case Study
The Tenant expressed an intention to repay his arrears in order to be able to stay in the rental unit, however his plan depends on funds that he had not recovered at the time of the hearing. If he followed through on his plan, he will be in a position to avoid eviction.
Arguments and Actions
Landlord
Actions
In February 2021, the Tenant agreed to a payment plan, however no payments occurred.
Tenant
Actions
Tenant's business revenues have been greatly impacted by the pandemic. He is an inventor who holds patents that are in the process of being commercially exploited, but he has not been able to pursue these opportunities due to COVID-19. He said that he is looking into applying for federal covid relief funds and is expecting payments from third parties in the amount of $10,000.00.
Decision Summary
The tenancy is terminated effective October 9, 2021. The Tenant must pay the Landlord $8,204.25, which includes rent arrears up to September 28, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $38.61 per day for compensation for the use of the unit starting September 29, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by October 9, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
161
Landlord Favorable
92.5%
Tenant Favorable
5.0%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,174
Rent Arrears
$8,204
Application Fee
$186
Rent Deposit
$1,155
Deposit Interest
$0
Total Owing
$8,204 (Owed to Landlord)
Source
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