Homestead Land Holdings v Desouza: Non-payment of Rent Case in Oakville, ON
Oakville tenant evicted for non-payment of $6021 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 191 Queen Mary Drive, Oakville, ON L6K3K6
Decision in favor of
landlord
Balance Owed to Landlord
$6,207
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2021
Hearing Date
Jan 2022
Order Date
Jan 19, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant had not paid the total rent required from July 1, 2021 to January 31, 2022. The Landlord served a Notice of Termination effective September 3, 2021.
Determinations
- Interest on rent deposit owed to Tenant for October 1, 2020 to September 3, 2021
- Landlord holds rent deposit of $1,387.25
- Landlord served valid Notice of Termination effective September 3, 2021
- Monthly rent increased to $1,401.62 as of January 1, 2022
- Tenant has not paid total rent required from July 1, 2021 to January 31, 2022
- Tenant is in possession of the rental unit
- Tenant paid $780.00 after application was filed
Case Study
The Tenant failed to pay rent for an extended period, leading to significant arrears. To avoid eviction, the Tenant must pay the full amount owing by the specified dates. The Board considered the circumstances and allowed a postponement of eviction, giving the Tenant an opportunity to void the order by paying the arrears.
Arguments and Actions
Landlord
Actions
Landlord served a Notice of Termination effective September 3, 2021 due to non-payment of rent.
Tenant
Actions
Tenant failed to pay full rent from July 1, 2021 to January 31, 2022. Tenant made a partial payment of $780.00 after the application was filed.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amounts. The Tenant must pay $6,021.21 for rent arrears and compensation up to January 19, 2022, plus $45.53 per day from January 20, 2022 until move-out. The Tenant has until February 28, 2022 to pay and avoid eviction. If not paid, the Landlord can file for eviction enforcement starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,402
Rent Arrears
$6,021
Application Fee
$186
Rent Deposit
$1,387
Deposit Interest
$1
Total Owing
$6,207 (Owed to Landlord)
Source
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