Landlord Wins Eviction Case Against Non-Paying Tenant in Guelph: Verburg and Buitenhuis v Grant 2021
Guelph landlords awarded $6946 in rent arrears and costs after evicting non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
53 Regent Street, Guelph, ON N1E4W5
Decision in favor of
landlord
Balance Owed to Landlord
$6,556
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Mar 2021
Order Date
Apr 27, 2021
Tenancy End Date
May 2021
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.
Determinations
- Tenant has not paid total rent from September 1, 2020 to March 31, 2021
- Landlords served valid N4 Notice
- Tenant in possession of rental unit
- Monthly rent is $1,395
- Landlords collected $1,395 rent deposit
- Interest on rent deposit owed to Tenant from May 28, 2020 to September 19, 2020
- Tenant paid $3,000 after application filed
- Balance outstanding for rent arrears is $6,760, plus $186 application fee, for total of $6,946
- Landlords attempted to negotiate repayment agreement with Tenant
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from September 1, 2020 to March 31, 2021. The Landlords served a valid N4 Notice, and the Tenant is in possession of the rental unit. The Tenant paid $3,000 after the application was filed, but the parties agreed the balance outstanding for rent arrears is $6,760, plus the application fee of $186, for a total of $6,946. The Tenant testified he believes he can afford the rent, but the Adjudicator was not satisfied the Tenant can afford both rent and pay off the arrears in 12 equal payments.
Arguments and Actions
Landlord
Actions
Landlords testified to their efforts to reach a consent payment plan with Tenant, which the Tenant did not honour.
Tenant
Actions
Tenant testified he believes he can afford rent, but chose to save income 'just in case' rather than pay rent.
Decision Summary
The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlords $6,555.93, which represents the rent arrears and application fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $45.86 per day for compensation for use of the unit starting April 28, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by May 8, 2021, the Tenant will owe interest. If the unit is not vacated by May 31, 2021, the Landlords may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$1,395
Rent Arrears
$6,760
Application Fee
$186
Rent Deposit
$1,395
Deposit Interest
$10
Total Owing
$6,556 (Owed to Landlord)
Source
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