Landlord Wins Non-payment Case: Qadree v Quaid 2023
Sarnia landlord wins $20124 order against tenants for non-payment of rent
Summarized by RentZenLast updated: September 23, 2024
Case Summary
446 Campbell St, Sarnia, ON N7T2J2
Decision in favor of
landlord
Balance Owed to Landlord
$16,562
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Aug 2023
Order Date
Oct 20, 2023
Tenancy End Date
Oct 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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Landlord
Actions
Landlord stated they have tried to work with the tenants to address the rental arrears, but the tenants have not made any efforts to make payments.
Tenant
Actions
Tenants stated they were unable to make rent payments due to unemployment, but are now looking for part-time or full-time work.
Decision Summary
The tenancy will be terminated on October 31, 2023 unless the tenants pay $20,124 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $16,561.82 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,214
Rent Arrears
$16,376
Application Fee
$186
Total Owing
$16,562 (Owed to Landlord)
Source
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