WCPT Georgian Inc. v Childs: Non-payment of Rent Case in Barrie, ON
Barrie student housing tenant evicted for non-payment, owes $861 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 308 Georgian Drive, Barrie, ON L4M7B7
Decision in favor of
landlord
Balance Owed to Landlord
$861
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2022
Tenancy End Date
Jul 2022
Hearing Date
Feb 2023
Order Date
Mar 9, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant vacated the rental unit on July 11, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent was $699.00
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant failed to provide evidence of June 2022 rent payment
- Tenant in possession on application date
- Tenant vacated on 2022-07-11
Case Study
The Tenant could have potentially turned the decision around by providing evidence of rent payment for June 2022, as they claimed to have receipts. However, they failed to submit this evidence by the given deadline, which weakened their case.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant had not paid rent and had not voided the N4 Notice by paying the arrears.
Actions
Landlord served a valid N4 Notice and filed the application for non-payment of rent.
Tenant
Arguments
Tenant argued they had paid June 2022 rent and claimed to have receipts, but failed to provide evidence to support this claim.
Actions
Tenant vacated the rental unit on July 11, 2022, without paying full rent arrears. Tenant claimed to have rent receipts for June 2022 but failed to provide evidence by the given deadline.
Procedural Errors
Tenant failed to provide evidence of June 2022 rent payment by the post-hearing submission deadline.
Decision Summary
The tenancy was terminated effective July 11, 2022, the date the Tenant moved out of the rental unit. The Tenant is ordered to pay $861.37 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$699
Rent Arrears
$1,380
Application Fee
$186
Rent Deposit
$700
Deposit Interest
$5
Total Owing
$861 (Owed to Landlord)
Source
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