Landlord Wins Eviction Case Against Tenant Unable to Pay Rent in Orillia: M Residential Real Estate LP v Trzoch 2022
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
17 135 West St N, Orillia, ON L3V5C4
Decision in favor of
landlord
Balance Owed to Landlord
$2,362
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Aug 2022
Order Date
Nov 8, 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 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 entitled to $186 for application filing fee
- Landlord entitled to $20 for NSF charges
- Landlord served valid N4 Notice
- Lawful rent is $930.83 due on 1st of each month
- Rent arrears owing to 2022-08-31 are $3,484.47
- Tenant did not void notice by paying arrears
- Tenant has $918.17 rent deposit held by Landlord
- Tenant in possession on application date
- Tenant paid $3,841.79 since application filed
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. As the Tenant was still in possession on the hearing date, the tenancy is terminated unless the Tenant voids the order by paying the full amount owing.
Arguments and Actions
Tenant
Actions
Tenant is not currently working and is supported by ODSP. He struggles with depression and learning disabilities which have contributed to his inability to find stable employment.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,482.96 to void the order and continue the tenancy by November 19, 2022. If the Tenant does not pay this amount, the Tenant must move out by November 19, 2022 and pay the Landlord $2,361.67 plus daily compensation of $30.60 per day from August 18, 2022 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$930
Rent Arrears
$3,484
Application Fee
$186
Rent Deposit
$918
Other Owed Amount
$20
NSF charges
Total Owing
$2,362 (Owed to Landlord)
Source
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