Landlord Wins Non-payment Case: Asimco Textiles Inc. v Leacch 2024
North Bay landlord wins $6986 judgment against non-paying tenant
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 284 Main St E, North Bay, ON P1B1B1
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Nov 2023
Order Date
Jan 8, 2024
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not attend the hearing, and the Landlord's evidence was heard.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Landlord served a valid N4 notice, and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Landlord
Actions
Landlord testified that it made numerous attempts to communicate with the Tenant to arrange a repayment plan, but the Tenant did not respond and has not made any payments since the application was filed.
Decision Summary
The tenancy is terminated unless the Tenant pays $6,986 to void the order by January 19, 2024. If the Tenant does not pay, the Tenant must move out by January 19, 2024 and pay the Landlord $5,022.95 plus daily compensation of $27.95 per day starting November 22, 2023.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$850
Rent Arrears
$5,100
Application Fee
$186
Total Owing
$6,986 (Owed to Landlord)
Source
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