Schiller v Drouillard: Persistent Late Rent Payments Lead to Eviction in Belle River, ON
LTB Eviction Case: Persistent Late Rent Payments in Belle River, ON
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 603 St. Charles Street, Belle River, ON N0R1A0
Decision in favor of
landlord
Balance Owed to Landlord
$3,386
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Dec 2021
Order Date
Feb 3, 2022
Tenancy End Date
Mar 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for termination of tenancy and eviction due to Tenant's persistent late rent payments. Landlord also claimed compensation for each day Tenant remained after termination date. Tenant had been late in paying rent 10 out of 15 months from June 2020 to August 2021 and had not paid rent from September to December 2021.
Determinations
- Landlord served valid N8 Notice on August 26, 2021
- Tenant has resided in the unit for 7 years
- Tenant owes 5 months of rent arrears
- Tenant paid no rent from September 2021 to December 2021
- Tenant paid rent late 10 out of 15 months from June 2020 to August 2021
- Tenant's monthly income barely covers rent
Case Study
The Tenant's persistent late payments and current rent arrears justified the termination of the tenancy. The Tenant's financial situation and reliance on parental support made it unlikely that rent would be paid consistently in the future. However, considering the Tenant's long-term residency and personal circumstances, a delayed eviction date was granted.
Arguments and Actions
Landlord
Arguments
Landlord argued that they are a small landlord who requires rental income to assist in paying the mortgage.
Actions
Landlord served both N4 and N8 notices of termination to the Tenant.
Tenant
Arguments
Tenant requested to remain in the rental unit, proposing to pay rent on time with assistance from her parents.
Actions
Tenant paid rent late 10 out of 15 months from June 2020 to August 2021. Tenant has not paid rent since August 2021. Tenant stated she did not set aside funds for rent and was unable to make a lump sum payment.
Decision Summary
The tenancy is terminated effective March 31, 2022. The Tenant must vacate the rental unit by this date. The Tenant is ordered to pay $186.00 for the Landlord's application filing cost. If the Tenant does not pay the full amount owing by February 14, 2022, interest will be charged at 2.00% annually from February 15, 2022. If the unit is not vacated by March 31, 2022, the Landlord may file this order with the Sheriff for enforcement starting April 1, 2022.
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
$640
Rent Arrears
$3,200
Application Fee
$186
Total Owing
$3,386 (Owed to Landlord)
Source
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