Landlord Wins Review of Non-payment Case: Lucarelli v Steed 2024
Thorold landlord wins review of non-payment order, tenant's request denied
Summarized by RentZenLast updated: August 6, 2024
Case Summary
203 St. David's Rd, Thorold, ON L2V4G2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Jul 2024
Order Date
Jul 30, 2024
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.
Determinations
- The Tenant received the Notice of Hearing, but it went to her spam folder and she was unable to retrieve it in time for the hearing date.
- Jeff Lawson maintained a connection to the rental unit and was properly named as a Tenant in the original order.
- The failure to receive the Landlord's L1/L9 update sheet and certificate of service does not constitute a serious error in the order.
Case Study
The Tenant request a review for three reasons: Jeff Lawson was a named as a Tenant on the original order, however, he is not a tenant; the Tenant did not receive the Notice of Hearing for April 30, 2023; and the Tenant did not receive the Certificate of Service, nor the L1/L9 update sheet from the Landlord. As a result of these reasons, the Tenant submits there is a serious error in the order and that she was unable to reasonably participate in the original hearing.
Arguments and Actions
Tenant
Arguments
The Tenant submits there is a serious error in the order and that she was unable to reasonably participate in the original hearing.
Actions
The Tenant testified that in early January 2024 the Landlord attended the rental unit. The parties got into an oral confrontation, and the Tenant told the Landlord she would be vacating the rental unit at the end of January 2024. Despite this, the Tenant testified that she did not return the keys to the Landlord and did not notify the Landlord that she had vacated at the end of January 2024.
Procedural Errors
The Tenant did not receive the Notice of Hearing for the original hearing scheduled on May 17, 2024.
Decision Summary
The request to review order LTB-L-073533-23 issued on May 21, 2024 is denied. The order is confirmed and remains unchanged. The interim order issued on June 5, 2024, is cancelled. The stay of order LTB-L-073533-23 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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