Landlord Wins Eviction Case Against Non-Paying Tenants in London, ON: JDN Property Management Inc v Cadogan and Whitfield 2021
London landlord wins eviction case against non-paying tenants, awarded $6733
Summarized by RentZenLast updated: July 26, 2024
Case Summary
45 1919 Trafalgar Street, London, ON N5V1A1
Decision in favor of
landlord
Balance Owed to Landlord
$6,733
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Dec 2021
Order Date
Dec 23, 2021
Tenancy End Date
Jan 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants have not paid rent from May 1, 2021 to December 31, 2021
- Tenants are in possession of the rental unit
- Lawful monthly rent is $1,000
- Tenants alleged they paid rent for May and June 2021, but Landlord disputed this and Tenants did not provide evidence
- Tenants made no payments after the application was filed
- Landlord collected a $1,000 rent deposit from Tenants
- Interest on the rent deposit is owed to Tenants for June 1, 2019 to December 31, 2020
- It would be unfair to grant relief from eviction due to the substantial amount outstanding and Tenants not paying any rent since the application was filed
Case Study
The Tenants intended to raise issues pursuant to section 82 of the Residential Tenancies Act, 2006, but the Landlord was not prepared to respond to the allegations, so the issue was not considered. This does not prevent the Tenants from filing their own application at a future date.
Arguments and Actions
Landlord
Actions
Landlord disputed Tenants' claim that they paid rent for May and June 2021, and maintained that the Tenants did not make any payments after the application was filed.
Tenant
Arguments
Tenants intended to raise issues pursuant to section 82 of the Residential Tenancies Act, 2006, but were not able to do so at the hearing.
Actions
Tenants alleged they paid rent for May and June 2021, but did not provide evidence to substantiate this claim.
Decision Summary
The tenancy is terminated effective January 3, 2022. The Tenants must pay the Landlord $6,732.55, which includes rent arrears up to December 23, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $32.88 per day for compensation for use of the unit starting December 24, 2021 until they move out. If the Tenants do not pay the full amount by January 3, 2022, they will start owing interest and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$3,789
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$35
Total Owing
$6,733 (Owed to Landlord)
Source
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