Landlord Wins Eviction Case Against Non-Paying Tenant in Cornwall: Skyline Living v Currier 2020
Cornwall landlord successfully evicts tenant for $4908 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
208 Laflin Avenue, Cornwall, ON K6J3M5
Decision in favor of
landlord
Balance Owed to Landlord
$4,908
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2020
Hearing Date
Oct 2020
Order Date
Nov 12, 2020
Tenancy End Date
Dec 2020
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 rent from March 1, 2020 to October 31, 2020
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Lawful monthly rent is $1,011.56
- Landlord holding $1,010.96 rent deposit
- Landlord incurred $60 in NSF cheque charges
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from March 1, 2020 to October 31, 2020. The Landlord served a valid N4 Notice, but the Tenant did not void the notice by paying the arrears. The Tenant's proposed payment plan was not accepted as it would take too long to pay off the arrears.
Arguments and Actions
Landlord
Actions
Landlord attempted to negotiate a payment plan with the Tenant but was unsuccessful. Landlord was prepared to accept a 6-month payment plan.
Tenant
Arguments
Tenant proposed a 16-month payment plan to pay off the arrears, but the Landlord did not agree to it.
Actions
Tenant testified that he lost his job and was unable to pay rent, but recently found employment in snow removal and grass cutting earning $1,500 per month.
Decision Summary
The tenancy is terminated effective December 10, 2020. The Tenant must pay $4,908.09 to the Landlord, which includes rent arrears up to December 10, 2020 and NSF cheque charges, less the rent deposit. The Tenant must also pay $33.17 per day for compensation for use of the unit starting December 11, 2020 until the Tenant moves out. If the Tenant pays $6,784.91 on or before December 31, 2020 or $5,773.35 on or before November 30, 2020, the Tenant can void the eviction order and continue the tenancy.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,012
Rent Arrears
$5,859
Application Fee
$186
Rent Deposit
$1,011
Other Owed Amount
$60
NSF cheque charges
Total Owing
$4,908 (Owed to Landlord)
Source
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