Landlord Wins Eviction Case Against Tenant with $26000 Rent Arrears: Huynh v Dewolfe 2023
LTB Upholds Landlord's Eviction Order in $26K Rent Arrears Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
140 Rosemund Crescent, Kingston, ON K7M6Z1
Decision in favor of
landlord
Balance Owed to Landlord
$26,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Jan 2023
Order Date
Feb 7, 2023
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 breached a previous order issued by the Board on July 4, 2022, which required the Tenant to meet certain conditions.
Determinations
- Board found it would not be unfair to maintain the eviction order
- Landlord's application was resolved by order LTB-L-068493-22 on January 12, 2023
- Stay of eviction order lifted on February 20, 2023
- Tenant breached previous order by failing to pay rent and make arrears payment
- Tenant filed motion to set aside order LTB-L-068493-22
- Tenant's request for adjournment and to combine proceedings was denied
Case Study
The Tenant's motion to set aside the eviction order was denied. The Board found that the Tenant breached the previous order by failing to pay rent and make the required arrears payment. The Board also found that it would not be unfair to maintain the eviction order, considering the Tenant's significant rent arrears and the Landlord's costs. The stay of the eviction order was lifted on February 20, 2023.
Arguments and Actions
Landlord
Actions
Landlord denied any interference with the Tenant's hydro or Ontario Works funding, and stated he ultimately assisted in restoring the hydro.
Tenant
Arguments
Tenant alleged the Landlord interfered with her ability to pay rent by prolonging the period of time before the hydro was reconnected, and by contacting Ontario Works and falsely claiming the Tenant was no longer living at the rental unit.
Actions
Tenant admitted to breaching the previous order by not paying rent on or before September 19, 2022, and not making the $1,000 payment towards arrears on or before October 2, 2022.
Decision Summary
The Tenant's motion to set aside the eviction order was denied. The Board found that the Tenant breached the previous order by failing to pay rent and make the required arrears payment. Considering the Tenant's significant rent arrears and the Landlord's costs, the Board determined that it would not be unfair to maintain the eviction order. The stay of the eviction order was lifted on February 20, 2023.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,695
Rent Arrears
$26,000
Total Owing
$26,000 (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.