Landlord Wins Eviction Case Against Tenants in Barrie, Ontario: Oleksiuk v King 2024
Barrie landlords awarded $5473 in rent arrears, tenancy terminated unless $14186 paid by March 4
Summarized by RentZenLast updated: August 6, 2024
Case Summary
8 Cuthbert St, Barrie, ON L4N6X7
Decision in favor of
landlord
Balance Owed to Landlord
$14,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Jan 2024
Order Date
Feb 22, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 $2,900 due on 11th of each month
- Tenants paid $9,200 since application filed
- Rent arrears owing to hearing date is $8,200
- Landlord incurred $186 application filing fee
- Landlord holds $2,900 rent deposit with $12.91 interest
Case Study
The problem with the Tenant's request for relief is that their own evidence indicates they cannot afford the rental unit unless she reduces her expenses. So, the evidence supports the conclusion that if the Board puts in place the repayment plan they request, the Tenant will not be able to comply with it and the Landlord will be facing additional financial difficulties and legal proceedings and that would be unfair to the Landlord.
Arguments and Actions
Tenant
Arguments
Tenants wish to preserve the tenancy.
Actions
Tenants proposed a 12-month payment plan to pay back the arrears.
Decision Summary
The tenancy will be terminated unless the Tenants pay $14,186 to void the order by March 4, 2024. If the Tenants do not pay, the tenancy will be terminated and the Tenants must pay $5,473.09 to the Landlord, plus $95.34 per day in compensation starting January 11, 2024 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Lawful Rent
$2,900
Rent Arrears
$17,400
Application Fee
$186
Rent Deposit
$2,900
Deposit Interest
$13
Total Owing
$14,186 (Owed to Landlord)
Source
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