Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Gialloreto
Ottawa tenant ordered to pay $15759 in rent arrears or face eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1006 Queen Elizabeth Drive, Ottawa, ON K1S3N1
Decision in favor of
landlord
Balance Owed to Landlord
$15,759
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2019
Hearing Date
Nov 2020
Order Date
Nov 24, 2020
Tenancy End Date
Jan 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 owed from November 1, 2019 to November 30, 2020
- Landlord served valid N4 Notice
- Tenant is in possession of rental unit
- Lawful monthly rent is $1,468.03
- Tenant paid $1,600 after application filed
- Landlord holds $1,475.16 rent deposit
- Interest on rent deposit owed to Tenant from September 1, 2019 to December 9, 2019
Case Study
The Tenant has additional time to pay off the arrears, which increases the likelihood that the arrears will be paid. Giving the Tenant the extension of time is reasonable under the circumstances.
Arguments and Actions
Landlord
Arguments
Landlord wanted the arrears to be paid off by December 31, 2020.
Tenant
Actions
Tenant proposed paying $1,000 on the hearing date, December's rent on time, January's rent on time, and the balance of arrears by January 31, 2021.
Decision Summary
The tenancy is terminated effective January 31, 2021. The Tenant must pay $15,759.24 to the Landlord, which includes rent arrears up to November 24, 2020 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant is given additional time to pay the arrears in full by January 31, 2021.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,468
Rent Arrears
$17,484
Application Fee
$175
Rent Deposit
$1,475
Deposit Interest
$7
Total Owing
$15,759 (Owed to Landlord)
Source
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