Ottawa Landlord Wins Eviction Case Against Non-Paying Tenant: Ottawa Community Housing v Abou Agena 2021
Ottawa landlord awarded $6900 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
143 Russell Road, Ottawa, ON K1G3W7
Decision in favor of
landlord
Balance Owed to Landlord
$6,959
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2020
Hearing Date
Jun 2021
Order Date
Nov 16, 2021
Tenancy End Date
Nov 2021
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 October 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Tenant did not make any payments towards arrears
- Landlord made multiple attempts to discuss repayment plan
- Tenant was non-responsive and did not appear before the Board
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2020 to June 30, 2021. The Landlord served a valid Notice of Termination effective October 29, 2020. The Tenant did not make any payments towards the arrears and did not appear before the Board to explain their circumstances. As such, it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord made multiple attempts to discuss a repayment plan with the Tenant, but the Tenant was non-responsive.
Tenant
Actions
Tenant did not pay rent arrears and did not appear before the Board.
Decision Summary
The tenancy is terminated effective November 27, 2021. The Tenant must pay the Landlord $6,959.23, which includes rent arrears up to November 16, 2021 and the application filing fee. If the Tenant does not pay the full amount by November 27, 2021, the Tenant will start owing interest and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
127
Landlord Favorable
97.6%
Tenant Favorable
0.8%
Mutual Agreement
1.6%
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Financial Details
Lawful Rent
$500
Rent Arrears
$6,773
Application Fee
$186
Total Owing
$6,959 (Owed to Landlord)
Source
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