Landlord Wins Non-payment Case: Minto Apartment Limited Partnership v Roach 2023
Ottawa landlord awarded $13699 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
304 Castle Hill Cres, Ottawa, ON K2C3L7
Decision in favor of
landlord
Balance Owed to Landlord
$13,700
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Jan 2023
Order Date
Jan 25, 2023
Tenancy End Date
Feb 2023
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. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,469 rent deposit with $19.34 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,486.62 due on 1st of each month
- Rent arrears owing to 2023-01-31 are $15,657.81
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $2,450 since application filed
Case Study
The Tenant was unable to produce any evidence or submissions under section 83(2) of the Residential Tenancies Act, 2006 for the Board to consider why an order for relief from eviction should be granted. Therefore, it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.
Arguments and Actions
Tenant
Actions
Tenant was unable to produce any evidence or submissions under section 83(2) of the Act for the Board to consider why an order for relief from eviction should be granted.
Decision Summary
The tenancy will be terminated unless the Tenant pays $15,843.81 by 2023-01-31 or $17,330.43 by 2023-02-05 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $13,699.81 to the Landlord and vacate the unit by 2023-02-05. The Tenant will also owe daily compensation of $48.88 from 2023-01-18 until they vacate.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,486
Rent Arrears
$15,658
Application Fee
$186
Rent Deposit
$1,469
Deposit Interest
$19
Total Owing
$13,700 (Owed to Landlord)
Source
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