Landlord Wins Eviction Case Against Persistent Late-Paying Tenant: LJM Developments Grimsby Inc. v Polak 2024
Landlord wins eviction case against Grimsby tenant for non-payment and persistent late payment of $26628 in rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
560 North Service Rd, Grimsby, ON L3M0G3
Decision in favor of
landlord
Balance Owed to Landlord
$26,628
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Apr 2024
Order Date
May 7, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of 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. The N8 notice was found to be invalid.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,200 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears owing to April 30, 2024 are $25,200
- Landlord entitled to $21 for NSF charges and $186 for filing fee
- Landlord holds $1,200 rent deposit with $58.68 interest owed to Tenant
- N8 notice does not meet requirements, L2 application dismissed
- Unfair to grant relief from eviction due to Tenant's non-attendance
Decision Summary
The tenancy is terminated unless the Tenant pays $26,628 by May 18, 2024 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by May 18, 2024 and pay the Landlord $23,127.12 plus daily compensation of $39.45 from April 5, 2024 until move-out. The L2 application is dismissed.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$25,200
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$59
Other Owed Amount
$42
NSF charges
Total Owing
$26,628 (Owed to Landlord)
Source
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