Landlord Wins Rent Arrears Case Against Tenant in Orillia: Orillia Community Non-Profit Housing Corporation v Lachance 2020
Orillia landlord awarded $8620 in rent arrears, tenant ordered to repay over 15 months or face eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
75 Walker Avenue, Orillia, ON L3V7N1
Decision in favor of
landlord
Balance Owed to Landlord
$8,620
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2019
Hearing Date
Oct 2020
Order Date
Oct 13, 2020
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 $8,430 in rent from May 1, 2019 to October 31, 2020
- Tenant also owes $190 for the cost of filing the application
- Total amount owing is $8,620
- Tenant's household has sufficient income to pay full rent and make monthly arrears payments of $600
- It would not be unfair to grant relief from eviction subject to a payment plan
Case Study
The Tenant requested an adjournment to bring her own application, but this was denied as the Tenant was aware of the Landlord's application since April 2020 and did not provide the required 5-day notice. The Tenant has substantial rent arrears and is not paying full rent, so adjourning would be prejudicial to the Landlord.
Arguments and Actions
Tenant
Actions
Tenant admitted there are four adults residing in the rental unit, all with income or benefits, and her spouse has a net income of approximately $900 per week.
Procedural Errors
Tenant requested an adjournment to bring her own application, but failed to provide the required 5-day notice.
Decision Summary
The Tenant is ordered to pay the Landlord $8,620 in rent arrears and application fees according to a 15-month repayment plan. If the Tenant fails to make any payment, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Rent Arrears
$8,430
Application Fee
$190
Total Owing
$8,620 (Owed to Landlord)
Source
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