Landlord Wins Eviction Case Against Non-Paying Tenant in Guelph: Mist Holdings Inc v Harvey 2023
LTB Orders Guelph Tenant to Pay $14358 in Rent Arrears and Vacate Premises
Summarized by RentZenLast updated: July 22, 2024
Case Summary
414 Stone Rd W, Guelph, ON N1G3E1
Decision in favor of
landlord
Balance Owed to Landlord
$14,358
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Feb 2023
Order Date
Feb 16, 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 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 entitled to $186 for application filing fee
- Landlord entitled to $202.50 for administration charges and $5 for NSF fees
- Landlord holds $2,300 rent deposit, with $49.34 interest owed to Tenant
- Landlord served valid N4 Notice
- Lawful rent is $2,327.60 due on 1st of each month
- Rent arrears owing to 2023-02-28 are $18,565.60
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $4,600 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant, and the Tenant is ordered to pay the outstanding rent arrears and other charges.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears and remained in possession of the rental unit.
Decision Summary
The tenancy is terminated unless the Tenant pays $18,959.10 by February 28, 2023 or $21,286.70 by March 3, 2023 to void the order. If the Tenant does not void the order, the Tenant must pay $14,358.68 to the Landlord and vacate the unit by March 3, 2023. The Tenant will also owe daily compensation of $76.52 per day starting February 2, 2023 until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$2,327
Rent Arrears
$18,565
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$49
Other Owed Amount
$207
NSF charges
Total Owing
$14,358 (Owed to Landlord)
Source
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