Landlord Wins Eviction Case Against Non-Paying Tenant in Sarnia: Maxwell v Eddleston 2022
Sarnia landlord awarded $29355 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
4 Front Street N, Sarnia, ON N7T5S3
Decision in favor of
landlord
Balance Owed to Landlord
$29,355
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Jan 2022
Order Date
Jan 27, 2022
Tenancy End Date
Feb 2022
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 had vacated the rental unit prior to the hearing date.
Determinations
- Breakdown in landlord-tenant relationship
- Landlord established significant rent arrears
- Tenant failed to provide evidence of rent payments
- Tenant made no attempt to repay arrears
- Tenant's request for review granted
Case Study
The Tenant's request for review was granted as the Tenant was not reasonably able to participate in the initial hearing due to technical difficulties. The Landlord's L1 application was then heard. The Landlord established the Tenant owed significant rent arrears, and the Tenant was unable to provide evidence to support her claim of having paid the rent. Given the breakdown in the landlord-tenant relationship and the Tenant's failure to make any attempt to repay the arrears, it would be unfair to grant the Tenant relief from eviction.
Arguments and Actions
Landlord
Arguments
Landlord is a small landlord and the rent arrears are substantial. Landlord wants tenancy terminated within 7 days.
Actions
Landlord provided clear rent ledger showing no payments made by Tenant.
Tenant
Actions
Tenant claimed to have paid rent mostly in cash, except for 4 months paid by e-transfer, but did not provide any evidence to support this.
Procedural Errors
Tenant filed section 82 issues only 4 days before hearing and did not serve a copy to the Landlord, as required by the Board's rules.
Decision Summary
The tenancy is terminated effective February 7, 2022. The Tenant must pay the Landlord $29,355.15, plus $55.89 per day starting January 28, 2022 until the Tenant vacates the unit. The Tenant can void the eviction order by paying $29,786 on or before January 31, 2022, or $31,486 on or before February 7, 2022.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,700
Rent Arrears
$29,600
Application Fee
$186
Rent Deposit
$300
Deposit Interest
$0
Total Owing
$29,355 (Owed to Landlord)
Source
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