Town & Country Property Managers v Maika: Non-payment of Rent Case in Barrie, ON
Tenants evicted for $22500 in rent arrears, unable to pay
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 67 Tunbridge Rd, Barrie, ON L4M6S9
Decision in favor of
landlord
Balance Owed to Landlord
$19,741
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Hearing Date
Oct 2022
Order Date
Nov 1, 2022
Tenancy End Date
Nov 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. As of the hearing date, Tenants were still in possession of the rental unit and had not made any payments since the application was filed.
Determinations
- Landlord holds $2,500.00 rent deposit
- Landlord incurred $186.00 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $2,500.00 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to October 31, 2022 are $22,500.00
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
Case Study
The Tenants failed to pay rent for an extended period, accumulating significant arrears. They did not void the N4 Notice by paying the arrears, and Tenant 1 admitted at the hearing that she was unable to pay the rent or arrears. The Landlord followed proper procedures, and the Board found no grounds for relief from eviction under subsection 83(1) of the Residential Tenancies Act.
Arguments and Actions
Landlord
Actions
The Landlord's Legal Representative requested a standard order from the Board.
Tenant
Actions
Tenant 1 explained that she was unable to pay the rent moving forward and had no means to pay the current rental arrears.
Decision Summary
The tenancy is terminated unless Tenants void the order by paying $25,186.00 by November 12, 2022. If not voided, Tenants must move out by November 12, 2022, and pay $19,740.75 plus $82.19 per day from October 26, 2022, until they vacate. The Landlord may file for eviction enforcement starting November 13, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$22,500
Application Fee
$186
Rent Deposit
$2,500
Total Owing
$19,741 (Owed to Landlord)
Source
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