Silver Swan Properties Ltd. v Wilkie - Non-payment of Rent Case in Orillia, ON
Orillia tenants evicted for $11386 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 114 Davey Dr, Orillia, ON L3V4G8
Decision in favor of
landlord
Balance Owed to Landlord
$11,386
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Aug 2022
Order Date
Oct 26, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. As of the hearing date, the Tenants were still in possession of the rental unit.
Determinations
- Daily rent/compensation is $46.03
- Landlord served valid N4 Notice
- Lawful rent is $1,400.00 due on 1st of each month
- No last month's rent deposit
- No payments made since application filed
- Rent arrears owing to August 31, 2022 are $11,200.00
- Tenants did not void notice by paying arrears
- Tenants in possession on hearing date
Case Study
The Tenants lost the case due to failure to pay rent and void the N4 Notice. To turn the decision around, they would need to pay the full amount owing as ordered, including any additional rent that became due, before the Sheriff enforces the eviction. They can make a motion at the LTB to void the order under section 74(11) of the Act, but this can only be done once during the tenancy.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed the application for non-payment of rent.
Tenant
Actions
Tenants failed to pay rent, resulting in significant arrears of $11,200.00 as of August 31, 2022.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying the specified amounts. If not voided, Tenants must move out by November 6, 2022, and pay $11,386.00 plus $46.03 per day from November 7, 2022, until they vacate. The Landlord may file for eviction enforcement starting November 7, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
56
Landlord Favorable
60.7%
Tenant Favorable
19.6%
Mutual Agreement
19.6%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$11,200
Application Fee
$186
Total Owing
$11,386 (Owed to Landlord)
Source
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