Landlord Wins Eviction Case Against Non-Paying Tenant in Ottawa: Liuna Non-Profit Housing Corporation v De Almeida 2021
Ottawa tenant ordered to pay $10207 in rent arrears and evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 248 Brittany Drive, Ottawa, ON K1K4R2
Decision in favor of
landlord
Balance Owed to Landlord
$10,208
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Jun 2021
Order Date
Jul 13, 2021
Tenancy End Date
Jul 2021
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 required from June 1, 2020 to June 30, 2021
- Landlord served valid Notice of Termination effective July 17, 2020
- Tenant is in possession of rental unit
- Lawful monthly rent is $979.00
- Landlord is not holding last month's rent deposit
- Tenant paid $2,940.00 to Board in trust since application filed
- Landlord incurred $15.00 NSF cheque charges and $5.00 administration charges
- Tenant owes Landlord $9,989.00 in rent arrears and application filing costs
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from June 1, 2020 to June 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective July 17, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $979.00. The Landlord is not holding a last month's rent deposit. The Tenant has paid $2,940.00 to the Board in trust since the application was filed. The Landlord incurred charges of $15.00 for a cheque tendered by or on behalf of the Tenant, which was returned NSF and $5.00 for related administration charges. The Tenant owes to the Landlord $9,989.00, which includes the rent to the period ending June 30, 2021, plus the cost of filing this application.
Arguments and Actions
Landlord
Actions
Landlord states they have attempted to negotiate a payment plan with the Tenant, but the Tenant has not been cooperative. The Tenant had not paid rent since August 2020 until the Board ordered her to do so in April 2021. Further, the Landlord states that an extended delay of eviction would be prejudicial to the Landlord while the arrears are not being paid.
Tenant
Actions
Tenant states she is on Employment Insurance and has sought rent relief through the City of Ottawa and is currently waiting for their reply.
Decision Summary
The tenancy is terminated effective July 31, 2021. The Tenant must pay the Landlord $10,207.76, which includes rent arrears up to July 13, 2021 and the cost of filing the application, minus the amount the Tenant paid to the Board in trust. The Tenant must also pay $32.19 per day for compensation for the use of the unit starting July 14, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by July 31, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by July 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement of the eviction.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$979
Rent Arrears
$9,989
Application Fee
$201
Other Owed Amount
$20
NSF cheque charges and related administration charges
Total Owing
$10,208 (Owed to Landlord)
Source
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