Landlord Wins Eviction Case Against Non-Paying Tenants in Sudbury: RWC Management v Boulard 2022
Sudbury landlord wins eviction case against tenants owing $16450 in rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2394 Bond St, Sudbury, ON P3B2K2
Decision in favor of
landlord
Balance Owed to Landlord
$13,630
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Oct 2022
Order Date
Oct 26, 2022
Tenancy End Date
Nov 2022
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.
Determinations
- Landlord holds $1,850 rent deposit and $35.95 in interest
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $1,850 per month
- Rent arrears owing to October 31, 2022 is $16,450
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenants, but the eviction can be postponed until November 30, 2022, if the Tenants pay the outstanding amount.
Arguments and Actions
Tenant
Actions
Tenants did not pay the full rent arrears by the termination date in the N4 Notice or before the application was filed.
Decision Summary
The tenancy is terminated unless the Tenants pay $16,636 by October 31, 2022, or $18,486 by November 30, 2022, to void the order. If the Tenants do not pay, they must vacate the unit by November 30, 2022, and pay the Landlord $13,629.89 plus daily compensation of $60.82 from October 13, 2022, until the move-out date.
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,850
Rent Arrears
$16,450
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$36
Total Owing
$13,630 (Owed to Landlord)
Source
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