Landlord Wins Eviction Case Against Non-Paying Tenant in Morrisburg: Locke v Denneny 2024
Landlords awarded $12263 in rent arrears, tenant evicted from Morrisburg rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
12 Victoria Park Crescent, Morrisburg, ON K0C1X0
Decision in favor of
landlord
Balance Owed to Landlord
$11,111
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
Apr 16, 2024
Tenancy End Date
Apr 2024
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 in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Aggravating Factors
The Tenant has bragged to the Landlords' informants that he continues to live in the unit rent free, and told the Landlord in 2023 that he was expecting a pension payment but promptly bought a car when the payment was received. The Tenant has also stated that he does not have money for rent and has refused to enter a repayment agreement.
Decision Summary
The tenancy will be terminated on April 27, 2024 unless the Tenant pays $12,449.24 to void the order and continue the tenancy, or $11,111.10 if the tenancy is terminated. The Tenant must also pay daily compensation of $26.17 starting April 13, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount by April 27, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$796
Rent Arrears
$12,263
Application Fee
$186
Rent Deposit
$775
Deposit Interest
$81
Total Owing
$11,111 (Owed to Landlord)
Source
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