Landlord Wins Eviction Case Against Non-Paying Tenant in Oshawa: Patram v Cereijo 2021
Oshawa landlord awarded $15359 in rent arrears and eviction of non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1807 Dalhousie Crescent, Oshawa, ON L1G8C5
Decision in favor of
landlord
Balance Owed to Landlord
$15,359
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2021
Order Date
Nov 17, 2021
Tenancy End Date
Nov 2021
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 November 30, 2021
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Landlord collected $400 rent deposit
- Interest owed to Tenant on rent deposit from March 15, 2020 to August 13, 2021
- Tenant moved in February 2020, lost job, reduced work, not paid rent for over 6 months
- Landlord laid off from 20-year job, can't afford house without rental income
- Tenant seeks delay but can't afford rent or arrears
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2020 to November 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective August 13, 2021. The Landlord collected a rent deposit of $400.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from March 15, 2020 to August 13, 2021. The Tenant moved into the home in February 2020, lost his job, and has had reduced work since that time. The Tenant has now not paid rent for more than six months. The Landlord was laid off from his 20-year employment with Honda and is now in fear that he can no longer afford to keep the house without rental income. The Tenant is seeking a delay of termination of the tenancy for several months but cannot afford to pay the Landlord the rent let alone anything toward the arrears.
Arguments and Actions
Landlord
Actions
Landlord was laid off from his 20-year employment with Honda and is now in fear that he can no longer afford to keep the house without rental income.
Tenant
Arguments
Tenant is seeking a delay of termination of the tenancy for several months but cannot afford to pay the Landlord the rent let alone anything toward the arrears.
Actions
Tenant lost job, had reduced work, and has not paid rent for over 6 months.
Decision Summary
The tenancy is terminated effective November 28, 2021. The Tenant must pay the Landlord $15,359.16, plus $82.19 per day starting November 18, 2021 until the Tenant moves out. If the Tenant pays $16,801.00 on or before November 28, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$15,600
Application Fee
$201
Rent Deposit
$400
Deposit Interest
$1
Total Owing
$15,359 (Owed to Landlord)
Source
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