Landlord Wins Eviction Case Against Non-Paying Tenant in London, ON: Old Oak Properties v Hashani 2020
London landlord awarded over $11000 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 885 Southdale Road W, London, ON N6P0C5
Decision in favor of
landlord
Balance Owed to Landlord
$11,055
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2019
Hearing Date
Feb 2020
Order Date
Sep 14, 2020
Tenancy End Date
Sep 2020
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
- The application is amended to reflect Irene Mifsud is removed as a party to the application.
- The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2019 to February 29, 2020.
- The Tenant is in possession of the rental unit.
- The monthly rent is $1,154.69.
- The Tenant has made no payments since the application was filed.
- The Landlord incurred charges of $21.00 for cheques tendered by or on behalf of the Tenant, which were returned NSF and $44.00 for related administration charges.
- The Landlord collected a rent deposit of $1,134.28 from the Tenant and this deposit is still being held by the Landlord.
- Interest on the rent deposit is owing to the Tenant for the period from January 1, 2019 to December 24, 2019.
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2019 to February 29, 2020. Because of the arrears, the Landlord served a Notice of Termination effective December 24, 2019. The Tenant is in possession of the rental unit. The monthly rent is $1,154.69. The Tenant has made no payments since the application was filed. The Landlord incurred charges of $21.00 for cheques tendered by or on behalf of the Tenant, which were returned NSF and $44.00 for related administration charges. The Landlord collected a rent deposit of $1,134.28 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2019 to December 24, 2019.
Arguments and Actions
Tenant
Actions
Tenant has not paid rent since October 1, 2019.
Decision Summary
The tenancy is terminated effective September 25, 2020. The Tenant must pay the Landlord $11,054.75, which represents the amount of rent owing and compensation up to September 14, 2020 and the total charges related to NSF cheques, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $37.96 per day for compensation for the use of the unit starting September 15, 2020 to the date the Tenant moves out of the unit. If the Tenant does not pay the full amount owing by September 25, 2020, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by September 25, 2020, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Adjudicator Details
LTB Member
Total Orders
34
Landlord Favorable
88.2%
Tenant Favorable
2.9%
Mutual Agreement
8.8%
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Financial Details
Lawful Rent
$1,155
Rent Arrears
$4,638
Application Fee
$175
Rent Deposit
$1,134
Deposit Interest
$20
Other Owed Amount
$65
NSF cheque charges and related administration charges
Total Owing
$11,055 (Owed to Landlord)
Source
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