Landlord Wins Eviction Case Against Non-Paying Tenant in Levack, ON: Lewis v Curzon 2020
Levack landlord awarded $12135 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
37 Balsam Street, Levack, ON P0M2C0
Decision in favor of
landlord
Balance Owed to Landlord
$12,135
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Nov 2020
Order Date
Nov 17, 2020
Tenancy End Date
Dec 2020
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. The tenant was still in possession of the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on application date
- Lawful monthly rent is $1,000
- Rent arrears total $11,960 as of November 30, 2020
- Landlord incurred $175 in application filing costs
Case Study
The Tenant's request for adjournment was denied. The Tenant had ample time to retain counsel and prepare for the hearing. The Tenant failed to provide any documentary evidence to support their claims. Given the large amount of rent arrears and the Tenant's history of non-payment, a conditional order was not warranted. The occupant was not considered a tenant under the Residential Tenancies Act.
Arguments and Actions
Tenant
Actions
Tenant has insufficient funds to pay rent and arrears. Relationship between parties has seriously deteriorated, with police involvement.
Decision Summary
The tenancy is terminated effective December 31, 2020. The tenant must pay the landlord $11,547.35 in rent arrears and compensation, plus $32.88 per day starting November 18, 2020 until the tenant vacates. The tenant must also pay $175 in application filing costs. If the tenant pays $12,135 by November 30, 2020 or $13,135 by December 17, 2020, the eviction order can be voided and the tenancy can continue.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,000
Rent Arrears
$11,960
Application Fee
$175
Total Owing
$12,135 (Owed to Landlord)
Source
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