Landlords Win Eviction Case Against Persistent Non-Paying Tenants: Wolski v Hewlett
Sudbury landlords awarded $35000 in rent arrears, evict tenants for non-payment and persistent late payment
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1077 Roland St, Sudbury, ON P3A2C4
Decision in favor of
landlord
Balance Owed to Landlords
$35,186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Jul 17, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlords served valid N4 and N8 notices, and the Tenants did not void the notices by paying the arrears.
Determinations
- Landlords served valid N4 and N8 Notices
- Tenant did not void notices by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,300 per month
- Tenant has not paid rent since April 2022
- Rent arrears to July 31, 2023 are $36,800
- Landlords waived arrears over $35,000 limit
- Landlords incurred $186 application filing fee
Case Study
The Tenant's request for an adjournment was denied as the Tenant was deemed to have received the Notice of Hearing on June 25, 2023 and did not provide a sufficient basis for the request. The Landlords were entitled to the rent arrears up to the termination date and the application filing fee, as the Tenant did not void the N4 and N8 notices. The Tenant's request for a delayed termination was also denied due to the Tenant's lengthy history of non-payment and inability to preserve the Landlords' financial status quo.
Arguments and Actions
Landlord
Actions
Landlord's representative, Ashley Friel, opposed the adjournment request, stating the Tenant had been given adequate notice and did not inform the Landlords of the request in advance.
Tenant
Actions
Tenant testified that he only received the Notice of Hearing on June 30, 2023 and requested an adjournment to gather additional evidence.
Decision Summary
The tenancy is terminated effective July 28, 2023. The Tenant must vacate the rental unit by that date. If the unit is not vacated, the Landlords may file the order with the Sheriff for enforcement. The Tenant must pay the Landlords $35,000 for rent arrears and the application filing fee. If the Tenant does not pay by July 28, 2023, they will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
87.6%
Tenant Favorable
4.4%
Mutual Agreement
8.0%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$35,000
Application Fee
$186
Total Owing
$35,186 (Owed to Landlords)
Source
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