Landlord Wins Non-payment Case: DD Acquisitions Partnership v Feaver 2023
Barrie landlord wins non-payment case, tenant ordered to pay $5889 with repayment plan to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 37 Johnson St, Barrie, ON L4M5C3
Decision in favor of
landlord
Balance Owed to Landlord
$5,889
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2023
Hearing Date
Sep 2023
Order Date
Oct 11, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord also claimed charges related to NSF cheques.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,545.56 per month
- Tenant paid $2,045 since application filed
- Rent arrears of $5,682.67 as of 2023-09-30
- Landlord entitled to $20 for NSF fees and $186 for filing costs
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord is entitled to the rent arrears, NSF fees, and application filing costs, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord opposed a repayment plan and sought an eviction order based on the amount of arrears.
Actions
Landlord's representative testified that they attempted to communicate with the Tenant regarding a repayment plan by sending letters.
Tenant
Arguments
Tenant requested a repayment plan as she has the ability to pay $500 per month toward the arrears on top of her monthly rent.
Actions
Tenant testified that her LTD payments were stopped from June to August 2023, but have since been reinstated. She is attempting to make payments to the Landlord.
Decision Summary
The Tenant shall pay the Landlord $5,888.67 for rent arrears and costs in installments over 12 months. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant has ability to make partial payments and avoid eviction
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$1,546
Rent Arrears
$5,683
Application Fee
$186
Rent Deposit
$1,509
Deposit Interest
$26
Other Owed Amount
$25
NSF fees
Total Owing
$5,889 (Owed to Landlord)
Source
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