Landlord Wins Eviction Case Against Tenant Who Failed to Pay Rent - Luu v Notley 2024
Landlord wins eviction case against tenant who failed to pay $70000 in rent arrears
Summarized by RentZenLast updated: August 6, 2024
Case Summary
9 Elite Rd, Caledon Village, ON L7K0L2
Decision in favor of
landlord
Balance Owed to Landlord
$70,000
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Jan 2024
Order Date
Apr 17, 2024
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord filed an application to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant later filed a motion to set aside the eviction order, claiming to have paid the required amount to void the order. The Landlord disputed this claim.
Determinations
- Landlord served valid N4 notice
- Tenant did not pay rent for August and September 2023
- Tenant was to pay rent by e-transfer as per January 3rd hearing
- Tenant claimed payment system issue caused non-payment
- Tenant's evidence of payment was insufficient
- Landlord's bank records did not show any payments from Tenant
Case Study
The Tenant's request for an adjournment was denied due to the prejudice to the Landlord. The evidence provided by the Tenant, including a redacted bank statement and a pending transaction, was not sufficient to prove that the required amount was paid to void the order. The Landlord's bank records also did not show any payments from the Tenant. Therefore, the Tenant's motion to void the eviction order was denied.
Arguments and Actions
Landlord
Actions
Landlord attempted to contact the Tenant but received no response.
Tenant
Actions
Tenant claimed there was an issue with the payment system that caused the non-payment.
Decision Summary
The Tenant's motion to void the eviction order was denied, as the Tenant did not provide sufficient evidence to prove that the required amount was paid to void the order. The stay on the original eviction order is lifted.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Lawful Rent
$7,995
Rent Arrears
$70,000
Total Owing
$70,000 (Owed to Landlord)
Source
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