Landlord Wins Eviction Case: Minto Apartment Limited Partnership v Scott 2023
Nepean landlord awarded $7536 in rent arrears, tenants evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
707-18 Deerfield Drive, Nepean, ON K2G 4L1
Decision in favor of
landlord
Balance Owed to Landlord
$7,535
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 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 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 entitled to $186.00 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,275.12 per month
- Rent arrears owing to February 28, 2023 are $8,079.72
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $3,535.28 since application filed
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 of the hearing date, the Tenants were still in possession of the rental unit. The Tenants have paid $3,535.28 to the Landlord since the application was filed, but the rent arrears owing to February 28, 2023 are $8,079.72. The Landlord is entitled to reimbursement of the $186.00 application filing fee.
Decision Summary
The tenancy is terminated unless the Tenants pay $8,265.72 by February 28, 2023 or $9,540.84 by March 11, 2023 to void the order and continue the tenancy. If the Tenants do not pay, they must move out by March 11, 2023 and pay the Landlord $7,535.56 plus daily compensation of $41.92 per day starting February 14, 2023.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,275
Rent Arrears
$8,079
Application Fee
$186
Total Owing
$7,535 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.