Landlord Wins Eviction Case: Sireg Management Inc. v Femata Taylor
London tenant ordered to vacate, owes $87 plus daily compensation for non-payment of rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1275 Bentley Drive, London, ON N5V4M4
Decision in favor of
landlord
Balance Owed to Tenant
-$99
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2021
Hearing Date
Jul 2021
Order Date
Jul 29, 2021
Tenancy End Date
Aug 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.
Determinations
- Tenant has not paid total rent required from September 1, 2020 to July 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession of rental unit
- Lawful monthly rent is $995.00
- Tenant paid $7,635.00 after application filed
- Landlord holds $1,065.00 rent deposit
- Interest on rent deposit owed to Tenant from September 1, 2020 to December 31, 2020
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from September 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 27, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $995.00. The Tenant paid $7,635.00 after the application was filed. The Landlord collected a rent deposit of $1,065.00 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 September 1, 2020 to December 31, 2020.
Decision Summary
The tenancy is terminated effective August 13, 2021. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $98.67. The Landlord is authorized to offset $32.71 per day for compensation for the use of the unit starting July 30, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. The Tenant must pay the Landlord any sum of money that is owed as a result of this order. If the unit is not vacated on or before August 13, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$995
Rent Arrears
$2,623
Application Fee
$186
Rent Deposit
$1,065
Deposit Interest
$8
Total Owing
-$99 (Owed to Tenant)
Source
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