Landlord Wins Eviction Case Against Non-Paying Tenants: Megna Property Management v Trout and Crabbe 2021
Brantford landlord wins eviction case against non-paying tenants, owed $11576
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 644 Grey Street, Brantford, ON N3S4Y3
Decision in favor of
landlord
Balance Owed to Landlord
$11,576
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Aug 24, 2021
Tenancy End Date
Sep 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants have not paid total rent owed from November 1, 2020 to July 31, 2021
- Landlord collected $1,320 rent deposit from Tenants
- Interest on rent deposit owed to Tenants from June 1, 2020 to December 23, 2020
- Unfair to grant relief from eviction under Residential Tenancies Act
Case Study
The Tenants failed to comply with filing and notice requirements that would have made claimed failure to maintain a relevant issue on this application. The Tenants still have their rights in relation to any tenant application.
Arguments and Actions
Tenant
Procedural Errors
Tenants failed to comply with filing and notice requirements that would have made claimed failure to maintain a relevant issue on this application.
Decision Summary
The tenancy is terminated effective September 4, 2021. The Tenants must pay the Landlord $11,576.17, plus $42.74 per day starting August 25, 2021 until they move out. The Tenants can void the eviction order by paying $13,201 by August 31, 2021 or $14,501 by September 4, 2021.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$11,375
Application Fee
$201
Rent Deposit
$1,320
Deposit Interest
$16
Total Owing
$11,576 (Owed to Landlord)
Source
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