Landlord Wins Eviction Case Against Non-Paying Tenants in Mactier, ON: Meyers v Hibbert 2023
Mactier landlord awarded $13173 in rent arrears, evicts non-paying tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 10 Front Street, Mactier, ON P0C1H0
Decision in favor of
landlord
Balance Owed to Landlord
$13,173
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2022
Hearing Date
Nov 2022
Order Date
Feb 9, 2023
Tenancy End Date
Feb 2023
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,300 due on 1st of each month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the rent arrears. As the Tenants were still in possession of the rental unit on the hearing date, the Landlord is entitled to an order terminating the tenancy and evicting the Tenants.
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a payment plan with the Tenants.
Tenant
Actions
Tenants did not pay rent arrears and remained in possession of the rental unit.
Decision Summary
The tenancy is terminated effective February 20, 2023, unless the Tenants pay $14,486 to void the order and continue the tenancy. If the Tenants do not pay the amount, they must move out by February 20, 2023. If they do not vacate, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$10,400
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$12
Total Owing
$13,173 (Owed to Landlord)
Source
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