Landlord Wins Eviction Case Against Tenant in Guelph: Homestead Land Holdings Limited v Mochrie 2021
Guelph landlord successfully evicts tenant owing over $17700 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 33 Cardigan Street, Guelph, ON N1H3Z5
Decision in favor of
landlord
Balance Owed to Landlord
$17,780
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2020
Hearing Date
Oct 2021
Order Date
Oct 28, 2021
Tenancy End Date
Nov 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 the Tenant failed to meet the conditions of a previous consent order.
Determinations
- Landlord could apply to terminate tenancy without notice if Tenant did not meet conditions of previous order
- Tenant owed $15,947.74 to June 2021 under previous order
- Tenant has only paid $47.95 since previous order
- Tenant now owes $18,759.10 to end of October 2021
- Tenant has not met conditions of previous order
- Landlord collected $978.43 rent deposit, interest owed to Tenant
- Unfair to grant relief from eviction
Case Study
The Tenant has not met the conditions of the previous consent order, owing the Landlord over 1.5 years of rent. The Tenant's personal circumstances, while unfortunate, do not warrant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant testified that her husband passed away, making things difficult, but this occurred 7 years before the agreement with the Landlord.
Decision Summary
The tenancy is terminated effective November 6, 2021. The Tenant must pay the Landlord $17,779.70, representing rent arrears less the rent deposit and interest. If the Tenant does not pay by November 6, 2021, interest will accrue at 2% annually on the outstanding balance. If the unit is not vacated by November 6, 2021, the Landlord may file the order for enforcement.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$1,006
Rent Arrears
$17,780
Rent Deposit
$978
Deposit Interest
$33
Total Owing
$17,780 (Owed to Landlord)
Source
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