Minto Apartment Limited Partnership v Awwad - Non-payment of Rent Case in Nepean, ON
Nepean tenant ordered to pay $18436 in rent arrears or face eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 18 Deerfield Drive, Nepean, ON K2G4L1
Decision in favor of
landlord
Balance Owed to Landlord
$16,185
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Feb 2023
Order Date
Feb 28, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,571.50 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to February 28, 2023 are $18,436.66
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears before the hearing date. To turn the decision around, the Tenant must pay the specified amount to void the eviction order and continue the tenancy.
Arguments and Actions
Landlord
Arguments
Landlord presented evidence of rent arrears and compliance with legal procedures for eviction.
Actions
Landlord served a valid N4 Notice and filed the application for eviction due to non-payment of rent.
Tenant
Arguments
Tenant met with Tenant Duty Counsel prior to the hearing, but no specific legal arguments were presented.
Actions
Tenant failed to pay rent, resulting in significant arrears of $18,436.66 as of February 28, 2023.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amount. The Tenant must pay $18,622.66 by February 28, 2023, or $20,194.16 by March 31, 2023, to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $16,185.12 to the Landlord and vacate the unit by March 31, 2023.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,572
Rent Arrears
$18,437
Application Fee
$186
Rent Deposit
$1,515
Deposit Interest
$23
Total Owing
$16,185 (Owed to Landlord)
Source
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