Landlord Wins Eviction Case Against Tenants Owing $16655 in Rent Arrears: Ramzan v O'Kane 2021
Carleton Place landlord awarded $15264 after tenants fail to pay $16655 in rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
83 Stokes Drive, Carleton Place, ON K7C0J6
Decision in favor of
landlord
Balance Owed to Landlord
$15,264
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Jun 2021
Order Date
Jun 10, 2021
Tenancy End Date
Jun 2021
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
- Tenant has not paid total rent required from July 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $1,995.00
- Tenant paid $6,585.00 after application filed
- Rent arrears of $16,655.00 for period ending June 30, 2021
- Landlord incurred $186.00 application filing costs
- Landlord holds $1,995.00 rent deposit
- Interest owed to Tenant on rent deposit from January 23, 2020 to September 30, 2020
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2020 to June 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective September 30, 2020. The Tenant is in possession of the rental unit. The lawful monthly rent is $1,995.00. The Tenant paid $6,585.00 after the application was filed. The arrears of rent owing for the period ending June 30, 2021 total $16,655.00. The Landlord incurred costs of $186.00 for filing the application and are entitled to reimbursement of those costs. The Landlord collected a rent deposit of $1,995.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 23, 2020 to September 30, 2020.
Arguments and Actions
Tenant
Actions
Tenant testified that she just started working again but cannot afford the rent plus any extra payments to pay off the rental arrears owing.
Decision Summary
The tenancy is terminated effective June 30, 2021. The Tenant must pay the Landlord $15,263.98, which represents the rent arrears and compensation up to June 10, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $65.59 per day for compensation for use of the unit from June 11, 2021 until the Tenant moves out, as well as $186.00 for the application filing costs. If the Tenant does not pay the full amount by June 30, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by June 30, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,995
Rent Arrears
$16,655
Application Fee
$186
Rent Deposit
$1,995
Deposit Interest
$30
Total Owing
$15,264 (Owed to Landlord)
Source
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