Renaissance Property Management v Portsmith: Non-payment of Rent Case in Barrie, ON
Barrie Eviction Case: Renaissance Property Management v Portsmith
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 43 Sylvia St, Barrie, ON L4M5J2
Decision in favor of
landlord
Balance Owed to Landlord
$15,408
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2022
Hearing Date
Nov 2022
Order Date
Nov 22, 2022
Tenancy End Date
Dec 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants disputed the rent arrears, claiming they had paid rent in full from April to September 2022, but provided no evidence to support their claim. The Landlord denied receiving any funds.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $2,428.80 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to November 30, 2022 are $19,286.40
- Tenants did not void notice by paying arrears
- Tenants failed to provide evidence of rent payments
- Tenants still in possession of rental unit
Case Study
The Tenants failed to provide any evidence supporting their claim of rent payment, such as receipts or bank records. According to the Divisional Court decision in Mauti v. Gibbs, once a landlord denies receiving funds, the tenant has an evidentiary burden to prove payment was made. The Tenants could have strengthened their case by providing concrete evidence of payments, such as bank statements or receipts from the Landlord.
Arguments and Actions
Landlord
Arguments
Landlord relied on the principle that once they deny receiving funds, the tenant has an evidentiary burden to prove payment was made.
Actions
Landlord denied receiving any rent payments from April to September 2022.
Tenant
Arguments
Tenants disputed the rent arrears claimed by the Landlord, asserting that full rent payments were made from April to September 2022.
Actions
Tenant claimed to have paid rent in full from April to September 2022 via cash delivered to the Landlord's drop box, but provided no evidence to support this claim.
Procedural Errors
Tenants failed to provide any evidence supporting their claim of rent payment, such as receipts or bank records.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amount. If not voided, Tenants must move out by December 3, 2022, and pay $15,407.70 plus $78.90 per day from November 11, 2022, until they vacate. The Landlord may file for eviction enforcement starting December 4, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$2,429
Rent Arrears
$19,286
Application Fee
$186
Rent Deposit
$2,400
Deposit Interest
$34
Total Owing
$15,408 (Owed to Landlord)
Source
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