Landlord Wins Eviction Case Against Tenant with 3 Kids: Logan v Morin
Simcoe landlord awarded $7962 in rent arrears, tenant with 3 kids ordered to vacate by June 30
Summarized by RentZenLast updated: August 6, 2024
Case Summary
62 Peel St, Simcoe, ON N3Y1S2
Decision in favor of
landlord
Balance Owed to Landlord
$7,962
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2023
Hearing Date
Jan 2024
Order Date
May 14, 2024
Tenancy End Date
Jun 2024
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
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,485 due on 1st of each month
- Tenant paid $1,300 since application filed
- Rent arrears owing to 2024-01-31 are $7,776
- Landlord incurred $186 application filing fee
- No last month's rent deposit
- Tenant did not dispute rent arrears amount
- Tenant fell behind due to job loss, now employed
- Tenant has 3 dependent children
- Tenant unable to get rent bank assistance
- Tenant earns $3,683/month, can pay $515/month
- Tenant failed to pay lawful monthly rent
Arguments and Actions
Tenant
Actions
Tenant fell behind in rent due to job loss but has since obtained full-time employment. Tenant has 3 dependent children.
Decision Summary
The tenancy will be terminated on June 30, 2024 unless the tenant pays $13,902 by May 31, 2024 or $15,387 by June 30, 2024 to void the order. If the tenant does not pay, they must vacate the unit by June 30, 2024 and pay the landlord $7,962 plus daily compensation of $48.82 from February 1, 2024 until move-out.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
91.9%
Tenant Favorable
4.8%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,485
Rent Arrears
$7,776
Application Fee
$186
Total Owing
$7,962 (Owed to Landlord)
Source
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