Landlord Wins Eviction Case: Clement v Jimenez 2024
Ingleside tenants evicted for non-payment and persistent late payment of rent, owe $5397 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
30 Maple St, Ingleside, ON K0C1M0
Decision in favor of
landlord
Balance Owed to Landlord
$5,397
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2024
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and persistent late payment of rent. The Landlords served a valid N4 Notice and the Tenants did not void the notice by paying the arrears.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,050 due on 1st of each month
- Rent arrears of $8,200 as of hearing date
- Landlords incurred $186 in filing fees
- Tenants paid $2,050 since application filed
- Landlords holding $2,000 rent deposit
- Interest of $68.49 owed on rent deposit
- Tenants persistently late in paying rent 9 times in 15 months
Arguments and Actions
Landlord
Actions
Landlords testified they are prejudiced by any delay and cannot afford for the Tenants to remain in the rental unit, as they have a line of credit which they use to maintain expenses for the rental unit and are paying interest on the amounts taken from the line of credit.
Tenant
Actions
Tenants testified they are a family of six, Jesus Jimenez's wages are being garnished, and their child tax benefit has been reduced by $1,000. Tenants have been accepted for Habitat for Humanity program and are scheduled to receive a house on September 30, 2024.
Decision Summary
The tenancy is terminated effective September 30, 2024. The Tenants owe the Landlords $5,397.11, which includes rent arrears, filing fees, and compensation for use of the unit. If the Tenants do not pay the full amount by September 30, 2024, they will owe interest starting October 1, 2024. If the unit is not vacated by September 30, 2024, the Landlords can file the order with the Sheriff for enforcement.
Reason for Eviction Relief
To ensure Tenants have time to move to their new residence with Habitat for Humanity
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
89.4%
Tenant Favorable
6.4%
Mutual Agreement
4.3%
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Financial Details
Lawful Rent
$2,050
Rent Arrears
$8,200
Application Fee
$372
Rent Deposit
$2,000
Deposit Interest
$68
Total Owing
$5,397 (Owed to Landlord)
Source
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