Landlord Wins Non-payment Case: Mccluskie v Gale 2024
North Bay tenant faces eviction for non-payment of rent, owes $12342 to landlord
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 38 Ryan Ave, North Bay, ON P1A3W7
Decision in favor of
landlord
Balance Owed to Landlord
$12,342
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 2024
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 N4 Notice, which the tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
- Lawful rent is $1,515.10 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Opposed tenant staying until September 30, 2024 due to no rent payments
Tenant
Arguments
Tenant argued for delay in eviction due to personal circumstances
Actions
Tenant on ODSP, recently had knee surgery, has custody of 11-year-old grandson, and plans to move out by October 1, 2024
Decision Summary
Tenant must pay $14,624.60 to void the eviction order by September 16, 2024. If not paid, tenancy will be terminated, and tenant must vacate the unit. Tenant will owe $12,341.55 plus daily compensation of $49.81 from August 16, 2024.
Reason for Eviction Relief
Tenant has health challenges and custody of grandson, but made no rent payments
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,515
Rent Arrears
$12,924
Application Fee
$186
Total Owing
$12,342 (Owed to Landlord)
Source
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