Landlord Wins Eviction Case: Angel v Mcardle 2023
London landlords win eviction case against tenant owing $14800 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1366 John Kenney Dr, London, ON N6G0Y1
Decision in favor of
landlord
Balance Owed to Landlord
$10,666
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Oct 2023
Order Date
Oct 25, 2023
Tenancy End Date
Nov 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not void the N4 notice by paying the rent arrears.
Determinations
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,600 per month
- No payments made since application filed
Case Study
The Tenant received adequate notice of the hearing and had a reasonable opportunity to obtain legal representation. The Landlords served a valid N4 notice and the Tenant did not void it by paying the rent arrears. Considering the Landlords' financial circumstances, it would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord testified he has limited income as the sole income earner for his family, including his spouse, two school-aged children, and 86-year-old mother. The Landlord is also expecting another family member from Ukraine to move in within 1 month.
Decision Summary
The tenancy is terminated unless the Tenant pays $14,986 by October 31, 2023 or $17,586 by November 5, 2023 to void the order. If the Tenant does not void the order, the Tenant must pay $10,665.61 to the Landlords and vacate the unit by November 5, 2023.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$14,800
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$61
Total Owing
$10,666 (Owed to Landlord)
Source
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