Landlord Wins Breach of Conditions Case: Curtis v Evans 2023
Guelph landlord wins eviction case against tenants who breached previous LTB order, owed $8065
Summarized by RentZenLast updated: September 12, 2024
Case Summary
444 Scottsdale Dr, Guelph, ON N1G2Z8
Decision in favor of
landlord
Balance Owed to Landlord
$8,065
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2023
Hearing Date
May 2023
Order Date
Jun 8, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to their failure to meet a condition specified in a previous LTB order. The Tenants had failed to pay rent and the required monthly payments as ordered.
Determinations
- Tenant failed to pay rent on February 1, 2023
- Tenant failed to make $200 payment on February 1, 2023 as ordered
- Landlord entitled to apply to terminate tenancy and evict Tenants for breach of order
- Tenant paid $1,700 on May 19, 2023 towards arrears
Case Study
The Tenants admitted they did not pay rent on February 1, 2023 nor did they pay the required $200 payment on that date, as ordered. The Landlord was entitled to apply to the LTB to terminate the tenancy and evict the Tenants for breaching the conditions of the previous order.
Arguments and Actions
Tenant
Actions
Tenant admitted current income is insufficient to cover necessary expenses and rent.
Decision Summary
The Tenancy is terminated effective June 30, 2023. The Tenants must pay the Landlord $8,065.14 plus $78.44 per day starting May 20, 2023 until the Tenants vacate the unit. If the full amount is not paid by June 30, 2023, the Landlord can seek enforcement of the order with the Court Enforcement Office (Sheriff) starting July 1, 2023.
Reason for Eviction Relief
Tenant's financial difficulties and need to find alternative affordable housing, and to allow children to finish school year
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$2,386
Rent Arrears
$13,012
Rent Deposit
$2,300
Deposit Interest
$51
Total Owing
$8,065 (Owed to Landlord)
Source
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