Landlord Wins Non-payment Case: Cristo v Shaffer 2023
Oshawa tenant evicted for non-payment of $14486 in rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
18 Simcoe St N, Oshawa, ON L1G4R8
Decision in favor of
landlord
Balance Owed to Landlord
$14,486
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 17, 2023
Tenancy End Date
Apr 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant filed evidence of maintenance concerns but failed to provide advance notice and disclosure as required under the Act. The matter proceeded on the Landlord's claim for non-payment of rent only.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,100 per month
- Rent arrears of $13,200 as of hearing date
- Landlord incurred $186 in filing fees
- Tenant paid $1,100 rent deposit
- Interest on deposit is $22.84
Case Study
The Tenant failed to comply with the notice and disclosure requirements under section 82 of the Act, so the Tenant was not permitted to raise those issues. The evidence showed the Tenant wilfully withheld rent payments and was not experiencing any unforeseen hardship, so it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenant withheld rent payments due to dissatisfaction with Landlord.
Procedural Errors
Tenant failed to comply with notice and disclosure requirements under section 82 of the Act
Aggravating Factors
Tenant admitted to wilfully withholding rent payments due to dissatisfaction with Landlord
Decision Summary
The tenancy is terminated unless the Tenant pays $14,486 by April 28, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by April 28, 2023 and pay the Landlord $12,175.64 plus daily compensation of $36.16 from March 29, 2023 until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,100
Rent Arrears
$13,200
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$23
Total Owing
$14,486 (Owed to Landlord)
Source
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