Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Old Oak Properties Inc v Darbyson 2021
Landlord wins eviction case against tenant for non-payment of rent in London, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1132 Adelaide Street N, London, ON N5Y2N8
Decision in favor of
landlord
Balance Owed to Landlord
$1,997
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Dec 2021
Order Date
Dec 30, 2021
Tenancy End Date
Jan 2022
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
- Tenant has not paid rent from July 1, 2021 to December 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession of rental unit
- Lawful monthly rent is $979.66
- Landlord not holding last month's rent deposit
- $3,256.80 paid by London Access Housing after application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2021 to December 31, 2021. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant is in possession of the rental unit. The Tenant's proposed 52-month payment plan to resolve the arrears is too long and prejudicial to the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative submitted that the Landlord would be willing to accept a payment plan of no longer that twelve months.
Actions
Landlord's Legal Representative submitted that the Tenant has not been forthcoming about her financial situation and that the proposed 52-month payment plan is far too long and prejudicial to the Landlord.
Tenant
Arguments
Tenant sought to preserve the tenancy by way of a payment plan to resolve the arrears.
Actions
Tenant testified that her monthly income is approximately $700.00 and proposed a payment plan of $200.00 per month to resolve the arrears.
Decision Summary
The tenancy is terminated effective January 10, 2022. The Tenant must pay the Landlord $1,996.95, plus $32.21 per day starting December 31, 2021 until the Tenant vacates the unit. The Tenant can void the eviction order by paying $1,980.52 on or before December 31, 2021, or $2,960.18 on or before January 10, 2022.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$980
Rent Arrears
$5,051
Application Fee
$186
Total Owing
$1,997 (Owed to Landlord)
Source
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