Landlord Wins Non-payment Case: Jones-sherk v Palomaki 2023
Barrie landlord wins $17071 in rent dispute, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7 Priscilla's Pl, Barrie, ON L4N5X4
Decision in favor of
landlord
Balance Owed to Landlord
$17,071
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Feb 2023
Order Date
Feb 9, 2023
Tenancy End Date
Feb 2023
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Eviction postponed to February 28, 2023 due to Tenant circumstances
- Landlord holds $1,875 rent deposit and $26.74 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,875 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to February 28, 2023 are $20,600
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the rent arrears. The Tenants were still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenants, but the Tenants can void the order by paying the full amount owing on or before February 20, 2023.
Arguments and Actions
Tenant
Actions
Tenant Donny Applegate had accidentally shot himself in the hand, and Tenant Kaitlyn Palomaki was pregnant 3 or 4 months. The Tenant also submitted that he had just recently returned to work.
Decision Summary
The tenancy is terminated unless the Tenants pay $20,786 to void the order by February 20, 2023. If the Tenants do not pay, they must vacate the unit by February 28, 2023, and the Landlord can file the order with the Sheriff to enforce the eviction. The Tenants owe the Landlord $17,070.90 if the tenancy is terminated, plus daily compensation of $61.64 for each day of occupation after February 2, 2023.
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
$1,875
Rent Arrears
$20,600
Application Fee
$186
Rent Deposit
$1,875
Deposit Interest
$27
Total Owing
$17,071 (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.