Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Whiting Robson Realty Ltd. v Aiken 2021
Oshawa tenant ordered to pay $10629 in rent arrears and vacate unit by December 15 after failing to pay rent for over a year
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 55 Whiting Avenue, Oshawa, ON L1H3T4
Decision in favor of
landlord
Balance Owed to Landlord
$10,815
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Nov 2021
Order Date
Nov 15, 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 rent from March 1, 2020 to November 30, 2021
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $926.63
- Landlord is not holding a last month's rent deposit
- Tenant made no payments after the application was filed
- Tenant receives financial assistance from ODSP, had no roommate for a while due to pandemic, and now has a roommate
- Eviction postponed to December 15, 2021 due to Tenant's long tenancy of about 12 years
Case Study
The Tenant stated that she did not pay rent because she had to 'fix things' in the rental unit, but provided no details on the repairs. The Tenant intends to file an application against the Landlord, but this does not excuse the non-payment of rent. Given the Tenant's complete failure to pay any rent in the last few months, a conditional order is not fair in the circumstances.
Arguments and Actions
Tenant
Arguments
Tenant intends to file an application against the Landlord.
Actions
Tenant stated she did not pay rent because she had to 'fix things' in the rental unit, but provided no details.
Decision Summary
The tenancy is terminated effective December 15, 2021. The Tenant must pay $10,629.37 in rent arrears and compensation, plus $30.46 per day starting November 16, 2021 until the Tenant vacates. The Tenant can void the order by paying $11,240.23 on or before November 30, 2021, or $12,166.86 on or before December 15, 2021.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$927
Rent Arrears
$10,629
Application Fee
$186
Total Owing
$10,815 (Owed to Landlord)
Source
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