Landlord Wins Eviction Case Against Tenants Owing $9928 in Rent Arrears: Sireg Management Inc. v Wideman and Clifton 2021
Waterloo landlord awarded $9928 in rent arrears after evicting tenants for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 80 Churchill Street, Waterloo, ON N2L2X2
Decision in favor of
landlord
Balance Owed to Landlord
$9,928
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Apr 2021
Order Date
Oct 7, 2021
Tenancy End Date
Nov 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord took over property on 2019-10-10
- Tenants did not pay rent from 2020-06-01 to 2021-04-30
- Landlord served N4 Notice effective 2020-09-29
- Tenants paid $6,385 after application filed
- Tenants' claim of paying October 2019 rent to old landlord is invalid
- Landlord holds $1,336.90 rent deposit, must apply to last month's rent
- Landlord owes Tenants interest on rent deposit from 2020-01-01 to 2020-09-29
Case Study
The Tenants' claim that they paid rent for October 2019 to the old landlord is not valid, as the rent was attorned to the new Landlord and the Landlord's ledger shows a zero balance on November 1, 2019. The Landlord is entitled to terminate the tenancy and evict the Tenants, but the order is postponed to November 30, 2021 to give the Tenants additional time to pay the arrears.
Arguments and Actions
Tenant
Arguments
Tenants claimed they paid October 2019 rent to old landlord, which should be deducted from arrears. This claim was found invalid.
Actions
Tenants did not pay full rent from June 2020 to April 2021, resulting in arrears.
Decision Summary
The tenancy is terminated effective November 30, 2021. The Tenants must pay $9,928.36 to the Landlord, which includes rent arrears up to the termination date, compensation for use of the unit, and the application filing fee, minus the rent deposit and interest on the deposit. The Tenants can void the eviction order by paying $12,521.88 by October 31, 2021 or $13,858.78 by November 30, 2021.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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Financial Details
Rent Arrears
$1,279
Application Fee
$186
Rent Deposit
$1,337
Deposit Interest
$22
Damages
$16,393
Total Owing
$9,928 (Owed to Landlord)
Source
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