Landlord Wins Rent Arrears Case Against Tenant in Lion's Head, ON: Metis Nation Of Ontario v Denice Smith 2021
Landlord wins $6318 rent arrears case against tenant in Lion's Head, ON
Summarized by RentZenLast updated: July 26, 2024
Case Summary
12 Bayfield Street, Lion's Head, ON N0H1W0
Decision in favor of
landlord
Balance Owed to Landlord
$6,318
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2018
Hearing Date
Nov 2020
Order Date
Jan 5, 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
- Tenant has not paid rent from October 1, 2018 to November 30, 2020
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $251.00
- Landlord not holding last month's rent deposit
- Tenant made no payments since application filed, but paid $903.00 after
- Total outstanding is $6,318.00 (rent arrears and costs)
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2018 to November 30, 2020. Because of the arrears, the Landlord served a Notice of Termination effective March 16, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $251.00. The Landlord is not holding a last month's rent deposit. The Tenant has made no payments since the application was filed, but paid $903.00 after the application was filed. The parties agree that the amount outstanding to November 30, 2020, inclusive of rent arrears ($6143.00), and costs ($175.00), is $6318.00. The Landlord is seeking a standard order, while the Tenant wants a payment plan to pay the arrears.
Arguments and Actions
Tenant
Arguments
The Tenant wants a payment plan whereby she would pay an additional $250.00 each month until the arrears are paid in full.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays $250.00 per month towards the arrears and current rent from January 2021 to January 2023, and a final payment of $68.00 on the first business day of February 2023. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and the balance owing shall become payable with interest.
Adjudicator Details
LTB Member
Total Orders
357
Landlord Favorable
91.0%
Tenant Favorable
2.0%
Mutual Agreement
7.0%
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Financial Details
Lawful Rent
$251
Rent Arrears
$6,143
Application Fee
$175
Total Owing
$6,318 (Owed to Landlord)
Source
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