Mantsvetov v Burtch: Non-payment of Rent Case in Perth, ON
LTB Eviction Case: $17000 Rent Arrears in Perth, ON
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 73 North St, Perth, ON K7H2T1
Decision in favor of
landlord
Balance Owed to Landlord
$13,672
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Mar 22, 2023
Tenancy End Date
Apr 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants owed $17,000 in arrears, causing financial distress to the Landlords. The Tenants requested an adjournment, which was denied. The Landlords served a valid N4 Notice, which the Tenants did not void by paying the arrears.
Determinations
- $66.91 interest on rent deposit owed to Tenants
- Landlords hold $2,250.00 rent deposit
- Landlords incurred $201.00 application filing cost
- Landlords served valid N4 Notice
- Lawful rent is $2,250.00 due on 1st of each month
- Relief from eviction denied due to substantial arrears and Landlords' financial distress
- Rent arrears owing to February 28, 2023 are $17,000.00
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
Case Study
The Tenants could have potentially avoided eviction by presenting a viable repayment plan or demonstrating efforts to address the arrears. They could have sought legal advice earlier and prepared a stronger case for relief from eviction. The Landlords' case was strengthened by their attempts to arrange repayment and the significant financial distress caused by the arrears.
Arguments and Actions
Landlord
Arguments
Landlords argued that an adjournment would cause prejudice due to the substantial arrears and resulting financial distress.
Actions
Landlords made numerous attempts to arrange repayment of arrears. They entered into a repayment plan with Tenants, which was not honored.
Tenant
Arguments
Tenants requested additional time to seek alternate accommodation.
Actions
Tenants fell into arrears due to Tenant 1's illness and maternity leave, and Tenant 2's unemployment. They made one payment of $1,750.00 since the application was filed.
Procedural Errors
Tenants did not seek legal advice or obtain counsel in advance of the hearing.
Aggravating Factors
Failure to honor previous repayment arrangements
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amounts. If not voided, Tenants must vacate by April 2, 2023, and pay $13,671.67 plus $73.97 per day from February 15, 2023, until they move out. The Landlords may file for eviction enforcement starting April 3, 2023, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$2,250
Rent Arrears
$17,000
Application Fee
$201
Rent Deposit
$2,250
Deposit Interest
$67
Total Owing
$13,672 (Owed to Landlord)
Source
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