Landlord Wins Eviction Case Against Tenant Behind on Rent in Oshawa: WCPT Taylorwood I Inc. v Bentley 2021
Oshawa landlord awarded eviction and over $2000 in rent arrears from non-paying tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 204 Simcoe Street N, Oshawa, ON L1G3Z2
Decision in favor of
landlord
Balance Owed to Landlord
$2,006
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Nov 2021
Order Date
Nov 25, 2021
Tenancy End Date
Dec 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 April 1, 2021 to November 30, 2021
- Landlord served valid Notice of Termination effective July 21, 2021
- Tenant is in possession of the rental unit
- Lawful monthly rent is $730.00
- Landlord collected $715.00 rent deposit from Tenant
- Interest on rent deposit is owed to Tenant from November 7, 2019 to July 21, 2021
- Tenant paid $3,000.00 after application was filed
- Tenant employed in film industry impacted by Covid-19, has not worked since October 08, 2021
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2021 to November 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective July 21, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $730.00. The Landlord collected a rent deposit of $715.00 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from November 7, 2019 to July 21, 2021. The Tenant paid $3,000.00 after the application was filed. The Tenant testified he is employed in the film industry which has been impacted by Covid-19 and this is the reason for his rent arrears. He has not worked since October 08, 2021 although believes he should be working again soon but has no definite date. He did not present a repayment plan for consideration but did request the Board grant relief.
Arguments and Actions
Landlord
Arguments
Landlord requested a standard order noting the rent arrears have existed for a long period of time and the Tenant has not displayed good faith.
Tenant
Arguments
Tenant requested the Board grant relief.
Actions
Tenant testified he is employed in the film industry which has been impacted by Covid-19 and this is the reason for his rent arrears. He has not worked since October 08, 2021 although believes he should be working again soon but has no definite date.
Decision Summary
The tenancy is terminated effective December 15, 2021. The Tenant must pay the Landlord $2,005.72, which includes rent arrears up to November 25, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $24 per day for compensation for use of the unit starting November 26, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by December 15, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 15, 2021, the Landlord may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
1055
Landlord Favorable
94.6%
Tenant Favorable
2.6%
Mutual Agreement
2.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$730
Rent Arrears
$2,689
Application Fee
$186
Rent Deposit
$715
Deposit Interest
$16
Total Owing
$2,006 (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.