Landlord Wins Eviction Case Against Tenant for Non-Payment and Persistent Late Payment of Rent: Port Burwell Family Residences v Bull-Llic 2020
Landlord successfully evicts tenant for non-payment and persistent late payment of rent in Port Burwell, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
22 Elizabeth Street, Port Burwell, ON N0J1T0
Decision in favor of
landlord
Balance Owed to Landlord
$1,270
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2020
Hearing Date
Mar 2020
Order Date
Aug 26, 2020
Tenancy End Date
Sep 2020
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord also claimed the Tenant substantially interfered with the Landlord's reasonable enjoyment of the unit or with the Landlord's lawful rights, interests and privileges.
Determinations
- Tenant has not paid total rent from April 1, 2019 to March 31, 2020
- Tenant was in possession on application date
- Monthly rent is $113.00
- Tenant paid rent late for 12 months prior to hearing
- Tenant failed to pay for utilities including water charges of $1,059.55, which substantially interfered with Landlord's rights
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2019 to March 31, 2020. The Tenant was in possession of the rental unit on the date the application was filed. The monthly rent is $113.00. The Tenant paid the lawful rent late in each of the 12 months before the hearing was held and did not attend to provide any explanation for the continually late payments. The Landlord demonstrated the lease requires the Tenant to pay for utilities including the water charges which were outlined in the N5 Notice. The Landlord's witness confirmed the water charges remained outstanding (in the amount of $1,059.55) and this substantially interfered with the Landlord's lawful rights, interests and privileges on a balance of probabilities.
Arguments and Actions
Tenant
Actions
Tenant paid rent late for 12 consecutive months and failed to pay water charges of $1,059.55.
Decision Summary
The tenancy is terminated effective September 6, 2020. The Tenant must move out by September 6, 2020 and pay the Landlord $16.42 in rent arrears, $190 for the application fee, and $3.72 per day in compensation for use of the unit from August 27, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by September 6, 2020, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by September 6, 2020, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
34
Landlord Favorable
88.2%
Tenant Favorable
2.9%
Mutual Agreement
8.8%
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Financial Details
Lawful Rent
$113
Rent Arrears
$16
Application Fee
$190
Damages
$4
Other Owed Amount
$1,060
Water charges
Total Owing
$1,270 (Owed to Landlord)
Source
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