Landlord Wins Eviction Case Against Non-Paying Tenant in London, ON: Homestead Land Holdings Limited v Whaley 2021
London landlord wins eviction case against non-paying tenant, orders $2099 in arrears and costs
Summarized by RentZenLast updated: July 26, 2024
Case Summary
170 Adelaide Street North, London, ON N5X2C1
Decision in favor of
landlord
Balance Owed to Landlord
$2,099
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Sep 2021
Order Date
Nov 12, 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 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 required for June 1, 2021 to September 30, 2021 period
- Landlord served valid Notice of Termination effective July 8, 2021
- Tenant in possession of rental unit
- Lawful monthly rent is $877.63
- Landlord holding last month's rent deposit exceeding current monthly rent
- Tenant credited $39.92 difference, deposit now equals current monthly rent
- Landlord collected $877.63 rent deposit still being held
- Interest on rent deposit owed to Tenant for January 1, 2021 to July 8, 2021 period
- Tenant paid $1,755.26 after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from June 1, 2021 to September 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective July 8, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $877.63. The Landlord is holding a last month's rent deposit that exceeds the current monthly rent, which is not permitted by the Act. The Tenant has been credited with $39.92, the difference between the amount currently held and the permissible amount. The last month's rent deposit now equals the current monthly rent. The Landlord collected a rent deposit of $877.63 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2021 to July 8, 2021. The Tenant paid $1,755.26 after the application was filed.
Decision Summary
The tenancy is terminated effective November 23, 2021. The Tenant must pay the Landlord $2,099.15, which includes rent arrears up to the order date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $28.85 per day for compensation for use of the unit starting November 13, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by November 23, 2021, the Tenant will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$878
Rent Arrears
$1,069
Application Fee
$186
Rent Deposit
$878
Deposit Interest
$0
Total Owing
$2,099 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.