Landlord Wins Non-payment Case: Beech Street LP v Chung 2023
Ottawa tenant ordered to pay $10143 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 120 Beech St, Ottawa, ON K1S3K2
Decision in favor of
landlord
Balance Owed to Landlord
$10,143
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 14, 2023
Tenancy End Date
Apr 2023
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the Tenant's continued occupation of the unit. The Landlord was also entitled to deduct the rent deposit and interest on the deposit from the amount owed by the Tenant.
Decision Summary
The tenancy will be terminated on April 25, 2023 unless the Tenant pays $10,143.12 to void the order. If the Tenant does not pay, the Tenant must vacate the unit by April 25, 2023 and pay the Landlord $9,025.78, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$528
Rent Arrears
$9,429
Application Fee
$186
Rent Deposit
$500
Deposit Interest
$82
Total Owing
$10,143 (Owed to Landlord)
Source
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