Landlord Wins Eviction Case Against Tenants Owing $5890 in Rent Arrears: Property Trust Ltd v Douglas McHenry 2023
Oshawa landlord wins eviction case against tenants owing $5890 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 560 Bloor St E, Oshawa, ON L1H3N2
Decision in favor of
landlord
Balance Owed to Landlord
$3,737
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Oct 2022
Order Date
Mar 28, 2023
Tenancy End Date
Apr 2023
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. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,450 rent deposit with $10.73 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,450 due on 1st of each month
- Rent arrears owing to 2022-10-31 are $5,890
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $5,710 since application filed
Case Study
The tenancy does not appear viable as one Tenant is in jail and the other two Tenants appear unable to pay the rent arrears which are substantial.
Decision Summary
The tenancy is terminated unless the Tenants pay $13,326 by 2023-03-31 or $14,776 by 2023-04-08 to void the order. If the Tenants do not void the order, they must pay $3,737.31 to the Landlord and vacate the unit by 2023-04-08. The Tenants will owe daily compensation of $47.67 for occupation after 2022-10-12.
Adjudicator Details
LTB Member
Total Orders
33
Landlord Favorable
81.8%
Tenant Favorable
15.2%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,450
Rent Arrears
$5,890
Application Fee
$186
Rent Deposit
$1,450
Deposit Interest
$10
Total Owing
$3,737 (Owed to Landlord)
Source
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