Landlord Wins Non-payment Case: Civita Vitiello v Amanda Lamothe 2023
Sudbury tenants evicted for non-payment of $13600 in rent, ordered to pay $13042
Summarized by RentZenLast updated: September 12, 2024
Case Summary
739 Lorne St, Sudbury, ON P3C4R5
Decision in favor of
landlord
Balance Owed to Landlord
$13,042
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2022
Hearing Date
Apr 2023
Order Date
Apr 26, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant's request for an adjournment was denied as the notice of hearing was deemed served in a timely manner and the tenants had sufficient time to prepare. The tenant's issues regarding flooding, mold, and moisture were not considered as the tenant failed to provide advance written notice as required under the Act. The landlord was found to have served a valid N4 notice and the tenants did not void the notice by paying the arrears. The arrears were substantial and the tenants did not propose a viable plan to maintain the tenancy, so relief from eviction was not granted.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent and had issues with flooding, mold, and moisture in the rental unit.
Decision Summary
The tenancy is terminated unless the tenant pays $13,786 by April 30, 2023 or $15,086 by May 7, 2023 to void the order. If the tenant does not pay, they must vacate the unit by May 7, 2023 and pay the landlord $13,041.62 plus daily compensation of $42.74 from April 14, 2023 until the date they move out.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$13,600
Application Fee
$186
Total Owing
$13,042 (Owed to Landlord)
Source
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