Landlord Wins Eviction Case Against Non-Paying Tenant in Sudbury: Panoramic Properties Inc. v Jorgenson 2022
Sudbury landlord awarded $6951 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1 Humber Court, Sudbury, ON P3C5M1
Decision in favor of
landlord
Balance Owed to Landlord
$6,952
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Feb 4, 2022
Tenancy End Date
Mar 2022
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 of Termination effective February 18, 2021, which the Tenant did not void by paying the arrears.
Determinations
- Interest on rent deposit is owing to Tenant from July 18, 2019 to January 18, 2022
- Landlord collected $1,299.00 rent deposit from Tenant
- Landlord served valid Notice of Termination effective February 18, 2021
- Monthly rent is $1,314.58 as of January 1, 2022
- Tenant has not paid rent from February 1, 2021 to January 31, 2022
- Tenant is in possession of the rental unit
- Tenant paid $6,696.00 after application was filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from February 1, 2021 to January 31, 2022. The Landlord served a valid Notice of Termination, and the Tenant is in possession of the rental unit. The Tenant paid $6,696.00 after the application was filed. The Landlord collected a rent deposit of $1,299.00 from the Tenant, and interest on the rent deposit is owing to the Tenant. The Landlord attempted to negotiate a repayment agreement with the Tenant, and the impact of COVID-19 on the parties was considered.
Decision Summary
The tenancy is terminated effective March 31, 2022, unless the Tenant pays the full amount owing by the appropriate deadline to void the order and continue the tenancy. The Tenant must pay $6,951.74 to the Landlord, plus $43.22 per day for compensation for use of the unit starting February 5, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by March 31, 2022, the Tenant will start owing interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,315
Rent Arrears
$14,285
Application Fee
$201
Rent Deposit
$1,299
Deposit Interest
$30
Total Owing
$6,952 (Owed to Landlord)
Source
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