Landlord Wins Eviction Case Against Non-Paying Tenant in North Bay: Sibley v Seguin 2021
North Bay landlord awarded $7000 in rent dispute, tenant evicted
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2 1153 Copeland Street North, North Bay, ON P1B3E9
Decision in favor of
landlord
Balance Owed to Landlord
$7,148
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2021
Hearing Date
Oct 2021
Order Date
Oct 28, 2021
Tenancy End Date
Nov 2021
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. The tenant was not present at the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,100 per month
- Landlord holds $1,100 rent deposit
- Interest owed on rent deposit
- Tenant paid $1,700 after 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. The landlord served a valid N4 Notice, and the tenant did not void the notice by paying the arrears. The tenant is in possession of the rental unit. The lawful monthly rent is $1,100.00. The landlord collected a rent deposit of $1,100.00 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 April 1, 2020 to February 21, 2021. The tenant paid $1,700.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on August 4, 2022, without paying full rent arrears.
Decision Summary
The tenancy is terminated effective November 8, 2021. The tenant must pay the landlord $6,962.31, which includes rent arrears up to October 28, 2021, less the rent deposit and interest owed on the deposit. The tenant must also pay $36.16 per day for compensation for use of the unit starting October 29, 2021 until the tenant moves out, and $186.00 for the cost of filing the application. If the tenant does not pay the full amount by November 8, 2021, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by November 8, 2021, the landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
127
Landlord Favorable
97.6%
Tenant Favorable
0.8%
Mutual Agreement
1.6%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,100
Rent Arrears
$9,900
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$1
Total Owing
$7,148 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.