High-Stakes Rent Dispute: Poss v Anastasieva 2024 LTB Case
Oakville tenants face $35000 rent debt and potential eviction after repeated non-payment
Summarized by RentZenLast updated: November 14, 2024
Case Summary
5 John Street, Oakville, ON L6K1G7
Decision in favor of
landlord
Balance Owed to Landlord
$35,202
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
May 2024
Order Date
Jul 15, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Tenants attempted to pay rent into the Board, but these payments were returned as NSF.
Determinations
- Tenants did not void N4 Notice
- Tenants in possession of rental unit
- Lawful rent is $5,000.00
- No rent payments made since application filed
- Rent arrears of $35,000.00
- NSF payments to Board totaling $30,000.00
Case Study
Tenants challenged service of N4 notice and rental period details, but Board found notice valid and service proper.
Arguments and Actions
Tenant
Arguments
Challenged service of N4 notice and rental period details
Actions
Attempted to pay rent into Board, payments returned NSF
Aggravating Factors
NSF payments to Board
Decision Summary
Tenancy terminated unless Tenants void order by paying $75,202.15 by July 31, 2024. If not paid, Tenants must vacate by July 31, 2024, and will owe $35,000.00 plus daily compensation.
Reason for Eviction Relief
Postponed eviction until end of month
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$5,000
Rent Arrears
$35,000
Application Fee
$202
Total Owing
$35,202 (Owed to Landlord)
Source
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