Landlord Wins Non-payment Case: Burns v McLellan 2024
Selwyn tenant faces eviction for non-payment of $9175 in rent, ordered to pay $7162 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1324 Eighth Line, Selwyn, ON K9J6X5
Decision in favor of
landlord
Balance Owed to Landlord
$7,162
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jun 2024
Order Date
Jul 10, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
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 application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Actions
Landlord's representative stated that after the Tenant fell into arrears, the Landlord advised the Tenant of the arrears and requested payment arrangements. However, the Tenant has neither communicated with the Landlord or the Landlord's representative nor allowed the Landlord access to the rental unit for an inspection.
Tenant
Actions
Tenant stated that she wishes to remain in the rental unit and mentioned that she contacted the housing stability program in Peterborough for assistance last month. However, she has not yet received any specific details on whether she qualifies for support or, if so, the amount of support she could receive.
Decision Summary
Unless the Tenant voids the order by paying $10,514.37 on or before July 31, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $7,161.79, 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. The Tenant must also pay daily compensation of $37.93 for each day of occupation starting June 4, 2024, until the Tenant moves out.
Reason for Eviction Relief
Tenant recently applied for Ontario Works and housing stability supports, and an extended eviction date will provide the Tenant with additional time to secure financial supports that could help resolve the arrears.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,154
Rent Arrears
$9,175
Application Fee
$186
Rent Deposit
$1,000
Deposit Interest
$159
Total Owing
$7,162 (Owed to Landlord)
Source
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