Landlord Wins Eviction Case Against Tenants for Non-Payment of Rent: Ng & Lee Properties Inc. v Fournier 2023
Landlord awarded eviction and $19406 in rent arrears from non-paying tenants in Oshawa
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1453 Oxford St, Oshawa, ON L1J3W9
Decision in favor of
landlord
Balance Owed to Landlord
$19,406
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 13, 2023
Tenancy End Date
Sep 2023
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 served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
- Lawful rent is $2,450 due on 1st of each month
- Tenants paid $5,280 since application filed
- Rent arrears owing to May 31, 2023 are $9,420
- Landlord incurred $186 application filing fee
- Landlord holds $2,450 rent deposit with $29.20 interest
- Tenants did not appear to dispute application
Arguments and Actions
Landlord
Actions
Landlords spoke to the tenants the week prior to the hearing, and the tenants were aware of the hearing date and time. Landlords attempted to arrange a repayment plan with the tenants, but the tenants consistently failed to follow through. One of the tenants had lost their job but had since found employment. The tenants have three children ranging in age from 8 to 17.
Tenant
Actions
Tenants did not appear at the hearing to give evidence or dispute the landlord's application.
Decision Summary
The tenancy will be terminated on September 24, 2023 unless the tenants pay $19,406 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $6,610 to the landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
211
Landlord Favorable
96.7%
Tenant Favorable
1.4%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$2,450
Rent Arrears
$9,420
Application Fee
$186
Rent Deposit
$2,450
Deposit Interest
$29
Total Owing
$19,406 (Owed to Landlord)
Source
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