Landlord Wins Eviction Case Against Non-Paying Tenant in Oshawa: Kingsbury Properties Inc. v Rosborough 2022
Oshawa landlord awarded $33000 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
28 Grassmere Court, Oshawa, ON L1H3X4
Decision in favor of
landlord
Balance Owed to Landlord
$33,101
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Jan 5, 2022
Tenancy End Date
Jan 2022
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 owed from February 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Landlord collected $1,800 rent deposit
- Interest owed to Tenant on rent deposit from October 22, 2019 to October 22, 2020
- Unfair to grant relief from eviction, as tenancy is not viable due to Tenant's inability to pay rent
Case Study
The Tenant admits owing the amount of arrears claimed by the Landlord. The Tenant testified that he lost his employment and experienced delays in receiving his government subsidies, which caused him to be late in paying his rent. The Tenant proposed a payment arrangement that was rejected by the Landlord, because it would take 120 months to clear the arrears, which is unreasonable. This tenancy is not viable, because the Tenant is unable to pay the rent or make reasonable payment towards the arrears. The Landlord is experiencing hardship because of the Tenant's inability to pay the rent. There is no reason to deny the eviction requested by the Landlord.
Arguments and Actions
Tenant
Arguments
Tenant proposed a 120-month payment arrangement, which was rejected by the Landlord as unreasonable.
Actions
Tenant lost employment and experienced delays in receiving government subsidies, causing him to be late in paying rent.
Decision Summary
The tenancy is terminated effective January 16, 2022. The Tenant must pay the Landlord $33,101.30, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. If the Tenant does not pay the full amount by January 16, 2022, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by January 16, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Rent Arrears
$8,902
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$40
Damages
$26,039
Total Owing
$33,101 (Owed to Landlord)
Source
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