Landlord Wins Eviction Case Against Non-Paying Tenants in Nepean: Raizada v Tessier 2023
LTB Orders Eviction in Nepean Rent Dispute: Raizada v Tessier Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
421 Meadowhawk Cres, Nepean, ON K2J5W8
Decision in favor of
landlord
Balance Owed to Landlord
$18,613
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Sep 2022
Order Date
Jan 18, 2023
Tenancy End Date
Jan 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 entitled to $186 for application filing fee
- Landlord entitled to $20 for administration charges and $7 for NSF fees
- Landlord served valid N4 Notice
- Lawful rent is $2,200 per month
- No last month's rent deposit
- No payments made since application filed
- Rent arrears of $18,400 up to September 30, 2022
- 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.
Arguments and Actions
Tenant
Actions
Tenant testified that the rental unit is 80% empty and that they intend to vacate the unit by October 8, 2022.
Decision Summary
The tenancy is terminated unless the Tenants pay $27,413 to void the order by January 29, 2023. If the Tenants do not void the order, they must pay $18,293.58 to the Landlord and vacate the unit by January 29, 2023. The Tenants will also owe daily compensation of $72.33 from September 27, 2022 until they vacate.
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$18,400
Application Fee
$186
Other Owed Amount
$27
NSF charges
Total Owing
$18,613 (Owed to Landlord)
Source
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