Landlord Wins Rent Arrears Case: Osgoode Properties v Cranddent
Ottawa landlord awarded $3607 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 2035 Othello Avenue, Ottawa, ON K1G3P6
Decision in favor of
landlord
Balance Owed to Landlord
$3,607
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2021
Hearing Date
Dec 2021
Order Date
Dec 20, 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 on application date
- Lawful monthly rent is $895.24
- Tenant paid $2,445.24 after application filed
- Landlord holds $895.24 rent deposit
- Interest on rent deposit paid to Tenant up to December 31, 2020
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. Because of the arrears, the Landlord served a Notice of Termination effective August 23, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $895.24. The Tenant paid $2,445.24 after the application was filed. The Landlord collected a rent deposit of $895.24 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit has been paid to the Tenant up to December 31, 2020.
Decision Summary
The tenancy is terminated effective January 31, 2022. The Tenant must pay $1,333.64 to the Landlord, which represents the rent arrears and application filing fee, less the rent deposit. The Tenant must also pay $29.43 per day for compensation for use of the unit starting December 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by January 31, 2022, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by January 31, 2022, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
120
Landlord Favorable
90.0%
Tenant Favorable
7.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$895
Rent Arrears
$4,971
Application Fee
$186
Rent Deposit
$895
Total Owing
$3,607 (Owed to Landlord)
Source
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