Landlord Wins Non-payment Case: Collins v Hessler 2024
London tenants with children facing potential eviction for $11023 rent arrears, granted one-month delay
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 66 Cliftonvale Ave, London, ON N6J1J8
Decision in favor of
landlord
Balance Owed to Landlord
$11,024
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Jun 2024
Order Date
Sep 4, 2024
Tenancy End Date
Oct 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants did not void the N4 notice by paying rent arrears and were still in possession of the rental unit at the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Lawful rent is $2,255.00 due on 1st of each month
- Tenants paid $2,200.00 since application filed
Case Study
Preliminary issue addressed typographical error in tenant names. Tenants requested relief from eviction due to having two young children, one with a disability.
Arguments and Actions
Landlord
Arguments
Requested termination of tenancy due to rent arrears
Tenant
Arguments
Tenants are parents to 2 young children, one of whom is disabled, and requested 1-2 months to vacate the unit
Actions
Tenants testified they have no way of paying off all arrears in a reasonable time and requested delay in termination
Decision Summary
Tenancy terminated unless tenants void the order by paying $18,116.00 by September 30, 2024, or $20,371.00 by October 4, 2024. If not paid, tenants must vacate by October 4, 2024, and will owe $11,023.64 plus daily compensation of $74.14.
Reason for Eviction Relief
Tenants have two young children, one with a disability, and requested additional time to vacate
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
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Financial Details
Lawful Rent
$2,255
Rent Arrears
$11,165
Application Fee
$186
Total Owing
$11,024 (Owed to Landlord)
Source
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