Landlord Wins Non-payment Case: Li v Smith 2023
Whitby tenants evicted for non-payment of rent, owe $17412 to landlords
Summarized by RentZenLast updated: August 6, 2024
Case Summary
512 Euclid Street, Whitby, ON L1N5C1
Decision in favor of
landlord
Balance Owed to Landlord
$17,412
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jun 22, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlords 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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,400 per month, due on 1st
- No payments made since application filed
- Rent arrears owing to June 30, 2023 are $21,600
- Landlord incurred $186 in filing costs
- Tenant paid $2,400 rent deposit, with $47.51 interest owing
- Tenant requested repayment plan, but Landlord opposed
- Eviction postponed to July 31, 2023 to allow Tenant time to find new housing
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Tenant requested a repayment plan, but the Landlord was opposed to it. The Adjudicators found that a repayment plan would not be fair to the Landlord given the large amount of arrears and the length of time the Landlord had been without payment. However, the Adjudicators exercised their discretion to postpone the eviction to July 31, 2023 to provide the Tenant with time to find new living arrangements.
Arguments and Actions
Landlord
Actions
Landlord opposed any repayment plan.
Tenant
Arguments
Tenant argued Landlord had previously agreed to her proposed repayment plan, but the Landlord later rejected it.
Actions
Tenant testified she could pay $300 per month towards arrears, with an additional $900 in summer months, which would take 4.5 years to pay off.
Decision Summary
The tenancy is terminated unless the Tenant pays $21,786 by June 30, 2023 or $24,186 by July 31, 2023 to void the order. If the Tenant does not void the order, they must vacate the unit by July 31, 2023 and pay the Landlord $17,411.89, plus daily compensation of $78.90 from June 7, 2023 until the Tenant moves out. The Adjudicators postponed the eviction to July 31, 2023 to provide the Tenant time to find new housing.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$2,400
Rent Arrears
$21,600
Application Fee
$186
Rent Deposit
$2,400
Deposit Interest
$48
Total Owing
$17,412 (Owed to Landlord)
Source
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