BOND & MARY DEVELOPMENT PHASE 11 INC. v Caceres - 2024 LTB Ruling
Oshawa landlord wins $5697 in rent arrears case against tenant Diego Caceres
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1403 80 Bond St E, Oshawa, ON L1G0E6
Decision in favor of
landlord
Balance Owed to Landlord
$5,697
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2023
Hearing Date
Dec 2023
Order Date
Jan 25, 2024
Tenancy End Date
Feb 2024
We estimate Application Date using rent arrears.
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
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
- Tenant paid $8,160 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent 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, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord testified they had engaged in several discussions with the Tenant and provided a draft payment agreement which wasn't executed.
Tenant
Actions
Tenant submitted they had attempted to discuss a repayment plan with the Landlord but didn't receive a response.
Decision Summary
The tenancy is terminated unless the Tenant pays $13,286 by January 31, 2024 or $16,006 by February 24, 2024 to void the order. If the Tenant does not pay, they must move out by February 24, 2024 and pay the Landlord $5,696.98 plus daily compensation of $89.42 from December 8, 2023 until the move-out date.
Reason for Eviction Relief
to provide the Tenant additional time to possibly secure new accommodations and to limit possible increase in rent arrears
Adjudicator Details
LTB Member
Total Orders
85
Landlord Favorable
96.5%
Tenant Favorable
2.4%
Mutual Agreement
1.2%
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Financial Details
Lawful Rent
$2,720
Rent Arrears
$10,380
Application Fee
$186
Rent Deposit
$2,720
Deposit Interest
$55
Total Owing
$5,697 (Owed to Landlord)
Source
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