Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Native People Of Sudbury v Chum 2022
Sudbury landlord awarded $1857 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1038 Beatrice Crescent, Sudbury, ON P3A3E5
Decision in favor of
landlord
Balance Owed to Landlord
$1,857
Dispute Categories
Notices Sent
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Timeline
Order Date
Jan 17, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent as per the mediated settlement issued on December 9, 2021.
Determinations
- Landlord is entitled to apply for termination and eviction under the settlement
- Mediated settlement required Tenant to pay $287 arrears by December 21, 2021
- Tenant also owes additional rent arrears and application fees
- Tenant did not pay the $287 arrears by the specified date
Case Study
The mediated settlement provided that the Landlord could apply to the Board under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant did not meet certain condition(s) specified in the settlement. The Tenant failed to pay the $287 arrears by the specified date, so the Landlord is entitled to the order for termination and eviction.
Arguments and Actions
Tenant
Actions
Tenant failed to pay $287 arrears by the specified date in the mediated settlement.
Decision Summary
The tenancy is terminated effective January 28, 2022. The Tenant must pay the Landlord $1,857.41 for rent arrears and application fees, plus $9.44 per day for compensation for use of the unit starting January 18, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by January 28, 2022, the Tenant will owe interest starting January 29, 2022. If the unit is not vacated by January 28, 2022, the Landlord can file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
547
Landlord Favorable
83.0%
Tenant Favorable
2.0%
Mutual Agreement
15.0%
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Financial Details
Rent Arrears
$1,697
Total Owing
$1,857 (Owed to Landlord)
Source
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