Landlord Wins Eviction Case Against Tenants for Non-payment and Damage in Newcastle, ON: Vimalanathan v O'Callaghan 2022
Landlord wins eviction and $26000 judgment against tenants in Newcastle rental dispute
Summarized by RentZenLast updated: August 6, 2024
Case Summary
111 Pedwell Street, Newcastle, ON L1B0E1
Decision in favor of
landlord
Balance Owed to Landlord
$26,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Oct 2021
Order Date
Apr 1, 2022
Tenancy End Date
May 2022
Dispute Summary
Landlord applied for orders to terminate the tenancy and evict the Tenants due to non-payment of rent and damage to the rental unit. The applications were resolved by order HOL-11539-21 issued on January 7, 2022. The Tenants requested a review of the order, alleging they were not reasonably able to participate in the hearing held on October 5, 2021 because they had to attend the Ontario Court of Justice on the same date.
Determinations
- Tenancy terminated as of May 31, 2022
- Tenants must move out by May 31, 2022
- Tenants to pay $26,000 to Landlord
- Tenants to pay $60.82 per day if unit not vacated by May 31, 2022
- Landlord may file order with Court Enforcement Office if unit not vacated by May 31, 2022
- Tenants to pay interest at 2% annually on outstanding balance if not paid by April 12, 2022
Arguments and Actions
Tenant
Procedural Errors
Tenants were not reasonably able to participate in the hearing held on October 5, 2021 because they had to attend the Ontario Court of Justice on the same date.
Decision Summary
The tenancy is terminated as of May 31, 2022, and the Tenants must move out of the rental unit on or before that date. The Tenants shall pay the Landlord $26,000, which represents the amount of rent owing and the cost of filing the application. If the Tenants do not vacate the rental unit by May 31, 2022, they shall pay the Landlord $60.82 per day for compensation for the use of the unit starting June 1, 2022 until the date they move out. If the unit is not vacated by May 31, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$26,000
Total Owing
$26,000 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.