Landlord Wins Eviction Case Against Non-Paying Tenants in Chelmsford, ON: Vaillancourt v Armstrong 2021
Chelmsford tenants ordered to vacate and pay $15030 in rent arrears to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 19 Main Street E, Chelmsford, ON P0M1L0
Decision in favor of
landlord
Balance Owed to Landlord
$15,030
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Sep 2021
Order Date
Nov 5, 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
- Tenants have not paid rent from February 1, 2020 to September 30, 2021
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Monthly rent is $785.00
- Tenants owe $14,100.00 in arrears
Case Study
The Tenants' request for an adjournment was denied. The Tenants have a lengthy history of actively avoiding paying even partial rent and arrears. The Tenants failed to comply with an interim order to pay rent pending the resolution of the application. There is no evidence the Tenants will follow through with a payment plan. The prejudice to the Landlord in not granting the application would be substantial.
Arguments and Actions
Landlord
Arguments
Landlord argued the prejudice to him in not granting the application would be substantial given the length of time the Tenants have not paid rent and the amount of arrears.
Actions
Landlord C.V. testified he reached out to Tenants multiple times to offer payment plans, but they failed to follow through. Landlord also believed Tenant H.A. was employed and receiving government benefits.
Tenant
Actions
Tenants have not paid rent since February 2020, despite promises to do so. Tenant M.L. stated they have had no steady work since the pandemic began.
Procedural Errors
Tenants' request for an adjournment was denied as they did not provide a reasonable explanation for the absence of their representative.
Decision Summary
The tenancy is terminated effective November 16, 2021. The Tenants must pay the Landlord $15,029.76, which includes rent arrears up to November 5, 2021 and the cost of filing the application. If the Tenants do not pay the full amount by November 16, 2021, the Landlord may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Lawful Rent
$785
Rent Arrears
$14,100
Application Fee
$186
Total Owing
$15,030 (Owed to Landlord)
Source
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