Landlords Win Eviction Case Against Tenant for Non-Payment of Rent: Shan v Swartman 2023
Uxbridge landlords awarded $52986 in rent arrears, can evict non-paying tenant
Summarized by RentZenLast updated: August 6, 2024
Case Summary
270 Davis Dr, Uxbridge, ON L9P1R1
Decision in favor of
landlord
Balance Owed to Landlords
$52,986
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Sep 13, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit by the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $3,300 due on 22nd of each month
- Rent arrears to August 21, 2023 are $49,500
- Landlords incurred $186 application filing fee
- Landlords hold $3,300 rent deposit and $500 key deposit
- Interest on rent deposit is $181.46
Case Study
The review request is granted because the evidence shows the Tenant was not reasonably able to participate in the original hearing due to her vehicle breaking down on the way to the hearing location. The Tenant was not permitted to raise section 82 issues at the hearing because she did not provide the required information by the deadline. The Landlords served a valid N4 Notice and the Tenant did not void it by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Arguments and Actions
Landlord
Arguments
Landlords argued the review request is a delay tactic and should be denied.
Tenant
Arguments
Tenant argued she should be granted the review request because her vehicle breakdown prevented her from reasonably participating in the original hearing.
Actions
Tenant's vehicle broke down on the way to the original hearing, causing her to miss it.
Procedural Errors
Tenant did not provide required information by deadline to raise section 82 issues.
Decision Summary
The tenancy is terminated unless the Tenant pays $52,986 by September 21, 2023 or $56,286 by September 30, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by September 30, 2023 and the Landlords can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$3,300
Rent Arrears
$49,500
Application Fee
$186
Rent Deposit
$3,300
Deposit Interest
$181
Total Owing
$52,986 (Owed to Landlords)
Source
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