Landlord Wins Eviction Case Against Non-Paying Tenant in Mono, ON: Shergill v Cheetam 2022
Landlord evicts tenant for $10308 in unpaid rent in Mono
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 635394 Highway 10, Mono, ON L9V3M1
Decision in favor of
landlord
Balance Owed to Landlord
$10,494
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Nov 2020
Hearing Date
Oct 2021
Order Date
Mar 4, 2022
Tenancy End Date
Mar 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Interest owed to Tenant on rent deposit from January 1, 2021 to May 29, 2021
- Landlord holds $850.00 rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent is $850.00
- Relief from eviction would be unfair
- Tenant has not paid rent from February 1, 2021 to October 31, 2021
- Tenant in possession on application date
- Tenant made no payments since application filed
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from February 1, 2021 to October 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective May 29, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $850.00. The Tenant has made no payments since the application was filed. The Landlord collected a rent deposit of $850.00 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 1, 2021 to May 29, 2021. The Board considered the impact of COVID-19 on the parties and the Landlord's attempt to negotiate a repayment agreement, but found it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent from February 1, 2021 to October 31, 2021 and did not void the N4 Notice by paying the arrears.
Decision Summary
The tenancy is terminated effective March 15, 2022. The Tenant must pay the Landlord $10,308.12, which includes rent arrears up to March 4, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $27.95 per day for compensation for use of the unit from March 5, 2022 until the Tenant vacates. If the full amount is not paid by March 15, 2022, the Tenant will owe interest and the Landlord can file the order for enforcement of the eviction.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$850
Rent Arrears
$10,308
Application Fee
$186
Rent Deposit
$850
Total Owing
$10,494 (Owed to Landlord)
Source
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