Landlord Wins Eviction Case Against Non-Paying Tenant in St. Thomas: St. Thomas - Elgin Social Services v Schell 2022
Landlord awarded $7110 in rent arrears, tenant ordered to vacate St. Thomas property
Summarized by RentZenLast updated: July 22, 2024
Case Summary
311 Chestnut Street, St Thomas, ON N5R5P3
Decision in favor of
landlord
Balance Owed to Landlord
$2,661
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jun 2022
Order Date
Nov 8, 2022
Tenancy End Date
Nov 2022
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 still in possession of the rental unit on the hearing date.
Determinations
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $723 per month
- No last month's rent deposit
- Rent arrears owing to June 30, 2022 are $2,475
- Tenant did not void notice by paying arrears
- Tenant has not made any payments since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant can void the order and continue the tenancy by paying the full amount owing, including rent arrears, application fee, and daily compensation, on or before November 19, 2022. If the Tenant does not pay the required amount, the tenancy will be terminated and the Tenant must move out by November 19, 2022. The Tenant may also make a motion to void the order if the full amount is paid, including any additional rent that became due after November 19, 2022 but before the eviction is enforced.
Arguments and Actions
Tenant
Actions
Tenant did not pay rent and did not attend the hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays $7,110 to void the order and continue the tenancy by November 19, 2022. If the Tenant does not pay the required amount, the Tenant must move out by November 19, 2022 and pay the Landlord $325 plus daily compensation of $4.57 per day starting June 22, 2022 until the Tenant moves out.
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
$723
Rent Arrears
$2,475
Application Fee
$186
Total Owing
$2,661 (Owed to Landlord)
Source
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