Landlord Wins Eviction Case Against Single Parent Tenant in Nepean: Nepean Housing Corporation v Pollex 2022
Nepean landlord awarded $8893 in rent arrears, evicts single parent tenant with young children
Summarized by RentZenLast updated: July 22, 2024
Case Summary
23 Draffin Crt, Nepean, ON K2G5T9
Decision in favor of
landlord
Balance Owed to Landlord
$8,893
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Sep 2022
Order Date
Nov 30, 2022
Tenancy End Date
Jan 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.
Determinations
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,142 due on 1st of each month
- Rent arrears to 2022-09-30 are $9,323
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $903 since application filed
Case Study
The tenancy is not viable due to the revoked subsidy, quantum of arrears, and the Tenant's limited income. The Tenant requires 6 months to make alternative housing arrangements.
Arguments and Actions
Tenant
Actions
Tenant is a single parent with 2 young children, one of whom has an illness. Tenant's subsidy was revoked and she receives limited income from Ontario Works and child tax benefit.
Decision Summary
The tenancy is terminated unless the Tenant pays the full amount owing by the specified deadlines to void the order. If the Tenant does not void the order, the Tenant must move out by 2023-01-15 and pay the Landlord $8,892.70 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,142
Rent Arrears
$9,323
Application Fee
$186
Total Owing
$8,893 (Owed to Landlord)
Source
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