Landlord Wins Eviction Case Against Tenants in Arrears: M Residential Real Estate LP v Rodrigues
LTB Rules on $12012 Rent Arrears: M Residential Real Estate LP v Rodrigues
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 259 Dunlop St W, Barrie, ON L4N4S7
Decision in favor of
landlord
Balance Owed to Landlord
$9,850
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Sep 2022
Order Date
Sep 28, 2022
Tenancy End Date
Nov 2022
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 incurred $186.00 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $1,518.00 due on 1st of each month
- Rent arrears of $12,012.00 to September 30, 2022
- Tenant's rent deposit of $1,500.00 and $29.22 interest owed to Tenant
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the arrears. As of the hearing date, the Tenants were still in possession of the rental unit. The Tenants have not made any payments since the application was filed. A repayment plan was not imposed as the Tenants did not appear confident they could abide by it.
Arguments and Actions
Landlord
Arguments
Landlord opposed the repayment plan.
Tenant
Arguments
Tenants requested a repayment plan, but were not confident they could abide by it.
Actions
Tenants have made no payments since the application was filed.
Decision Summary
The tenancy is terminated unless the Tenants pay the outstanding rent arrears of $12,198.00 by September 30, 2022, $13,716.00 by October 31, 2022, or $15,234.00 by November 15, 2022. If the Tenants do not pay, they must vacate the unit by November 15, 2022. The Tenants owe the Landlord $9,849.52, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,518
Rent Arrears
$12,012
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$29
Total Owing
$9,850 (Owed to Landlord)
Source
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