Landlord Wins Eviction Case Against Tenant in Barrie, ON: Nnabuchi v Gibson 2023
LTB Ruling: Barrie Landlord Wins $33575 Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
4 Hemlock Crt, Barrie, ON L4N9N5
Decision in favor of
landlord
Balance Owed to Landlord
$33,576
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Jan 2023
Order Date
Feb 13, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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
- Application filing fee of $186 owed to Landlord
- Landlord served valid N4 Notice
- Lawful rent is $3,350 per month
- No payments made since application filed
- Rent arrears of $36,850 as of hearing date
- Rent deposit of $3,350 and interest of $47.32 owed to Tenant
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Board's monetary jurisdiction is limited to $35,000. The Landlord agreed to waive any amount exceeding this limit. The Landlord served a valid N4 Notice, and the Tenant did not void it by paying the arrears. The Tenant was still in possession on the hearing date. The Board considered the Tenant's circumstances under section 83 and agreed to postpone the eviction to February 28, 2023 to allow the Tenant more time to find suitable accommodation.
Arguments and Actions
Landlord
Actions
Landlord was struggling financially due to the high rent arrears but was willing to give the Tenant time until February 28, 2023 to find suitable accommodation.
Tenant
Actions
Tenant testified that when she moved in, she had moved out of an abusive relationship, which took a toll on her, leading to depression and job loss, making her unable to sustain the tenancy. She has been relying on her parents for support.
Decision Summary
The tenancy will be terminated on February 28, 2023 unless the Tenant pays $35,186 to void the order and continue the tenancy. If the tenancy is terminated, the Tenant must pay $33,575.59 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest owed to the Tenant. The Tenant must also pay daily compensation of $110.14 for each day of occupation starting February 1, 2023.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$3,350
Rent Arrears
$36,850
Application Fee
$186
Rent Deposit
$3,350
Deposit Interest
$47
Total Owing
$33,576 (Owed to Landlord)
Source
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