Landlord Wins Eviction Case Against Tenant with $35875 Rent Arrears: Tenaglia v Burns 2023
Landlords awarded $35875 in rent arrears, tenant evicted from Port Perry rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 2130 Shirley Rd, Port Perry, ON L9L1B3
Decision in favor of
landlord
Balance Owed to Landlord
$41,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
Sep 2023
Order Date
Oct 16, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlords 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 served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenant's request for an adjournment to raise her own issues was denied as she did not provide the required details and evidence at least 7 days before the hearing. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The arrears are substantial and exceed the Board's monetary jurisdiction, so a standard eviction order would be fair in the circumstances.
Arguments and Actions
Landlord
Actions
Landlord's Representative sought termination of the tenancy, stating the Tenant improperly withheld rent and any further delays would prejudice the Landlords as they would not be able to recover the arrears in excess of the Board's monetary jurisdiction.
Tenant
Arguments
Tenant requested an adjournment to raise her own issues regarding maintenance and tenant rights, but this was denied as she did not provide the required details and evidence. Tenant proposed paying the new rent and $1,000 per month towards the arrears starting December 2023.
Actions
Tenant testified that her business was shut down by the City a year ago, and she has 4 children and 2 grandchildren living with her. Her household income is $8,000-$9,000 per month.
Decision Summary
The tenancy is terminated unless the Tenant pays $41,186 to void the order and continue the tenancy by October 27, 2023. If the Tenant does not pay, they must move out by October 27, 2023 and pay the Landlord $29,957.77 plus daily compensation of $168.49 per day starting September 26, 2023 until move-out.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$5,125
Rent Arrears
$35,875
Application Fee
$186
Rent Deposit
$5,000
Deposit Interest
$190
Total Owing
$41,186 (Owed to Landlord)
Source
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