Landlord Wins Non-payment Case: LS GP Inc v McCarthy 2022
Ottawa landlord wins $7982 in rent dispute, tenants evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
314 Halifax Drive, Ottawa, ON K1G2W7
Decision in favor of
landlord
Balance Owed to Landlord
$7,982
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Sep 2022
Order Date
Oct 18, 2022
Tenancy End Date
Nov 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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Interest on rent deposit is $15.99
- Landlord holds $1,900 rent deposit
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,900 due on 1st of each month
- Rent arrears owing to 2022-09-30 are $10,800
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $6,300 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the 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 eviction is delayed to allow the Tenants time to either vacate or secure funds to void the order.
Arguments and Actions
Tenant
Actions
Tenants testified they started having employment issues when they moved in and communicated this to the Landlord. They felt forced into a payment agreement and were unsure about their ability to maintain it.
Decision Summary
The tenancy is terminated unless the Tenants pay $12,886 by 2022-10-31 or $14,786 by 2022-11-30 to void the order and continue the tenancy. If the Tenants do not make the required payment, they must vacate the unit by 2022-11-30 and pay the Landlord $7,982.12 plus daily compensation of $62.47 from 2022-09-14 until move-out.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,900
Rent Arrears
$10,800
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$15
Total Owing
$7,982 (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.