Landlord Wins Non-payment Case: Megna Property Management v Milne 2021
Burlington tenant evicted for non-payment of rent, owes $5041 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
14 431 Martha Street, Burlington, ON L7R2P6
Decision in favor of
landlord
Balance Owed to Landlord
$5,041
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2020
Hearing Date
Dec 2020
Order Date
Jan 22, 2021
Tenancy End Date
Feb 2021
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.
Determinations
- Kristin Amies is not a Tenant or a party to this matter as she has not resided in the residential unit for the last 15 years
- Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2020 to December 31, 2020
- Landlord served a Notice of Termination effective March 26, 2020 due to the arrears
- Tenant is in possession of the rental unit
- Monthly rent is $966.48
- Landlord collected a rent deposit of $874.26 from the Tenant
- Interest on the rent deposit is owing to the Tenant for the period from February 1, 2006 to March 26, 2020
- Tenant paid $3,400.00 after the application was filed
- Tenant agrees with the amount owed to the Landlord, being $4,654.45 (arrears) plus cost ($190.00) for a total amount of $4,844.45
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2020 to December 31, 2020. Because of the arrears, the Landlord served a Notice of Termination effective March 26, 2020. The Tenant is in possession of the rental unit. The monthly rent is $966.48. The Landlord collected a rent deposit of $874.26 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from February 1, 2006 to March 26, 2020. The Tenant paid $3,400.00 after the application was filed. The Tenant testified that he agrees with the amount owed to the Landlord, being $4,654.45 (arrears) plus cost ($190.00) for a total amount of $4,844.45. This amount represents arrears of rent and cost for the rental period ending December 31, 2020.
Arguments and Actions
Tenant
Actions
Tenant testified that he agrees with the amount owed to the Landlord.
Decision Summary
The tenancy is terminated effective February 2, 2021. The Tenant must pay the Landlord $5,041.10, which represents the amount of rent owing and compensation up to January 22, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $31.09 per day for compensation for the use of the unit starting January 23, 2021 to the date the Tenant moves out of the unit, and $190.00 for the cost of filing the application. If the Tenant does not pay the full amount owing on or before February 2, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated on or before February 2, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
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
$966
Rent Arrears
$4,654
Application Fee
$190
Rent Deposit
$874
Deposit Interest
$259
Total Owing
$5,041 (Owed to Landlord)
Source
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