Landlord Wins Rent Arrears Case: Northview Apartment Reit v Carr and Dixon
Brockville tenants ordered to pay $11698 in rent arrears to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 4 Cartier Court, Brockville, ON K6V6S6
Decision in favor of
landlord
Balance Owed to Landlord
$11,698
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2019
Hearing Date
Nov 2020
Order Date
Nov 17, 2020
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.
Determinations
- Tenants have not paid total rent owed from August 1, 2019 to November 30, 2020
- Landlord served valid N4 Notice due to rent arrears
- Landlord holds $859.93 rent deposit
- Interest on rent deposit owed to Tenants from September 1, 2019 to November 26, 2019
- Tenants paid $2,000 after application was filed
Case Study
The Tenants have not paid the total rent they were required to pay for the period from August 1, 2019 to November 30, 2020. Because of the arrears, the Landlord served a Notice of Termination effective November 26, 2019. The Landlord collected a rent deposit of $859.93 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from September 1, 2019 to November 26, 2019. The Tenants paid $2,000.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent owed from August 1, 2019 to November 30, 2020.
Decision Summary
The Tenants shall pay to the Landlord $11,698.41 for arrears of rent up to and including November 30, 2020 and the Landlord's cost of filing the application. The Tenants will make monthly rent payments starting December 1, 2020 and $1,000 payments towards the arrears starting December 30, 2020 until all arrears are paid in full. If the Tenants fail to make any one of the payments, the outstanding balance shall become immediately due and owing and the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenants.
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
$11,698
Rent Deposit
$860
Total Owing
$11,698 (Owed to Landlord)
Source
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