Landlord Wins Non-payment Case: Demsey v St Arneault 2023
Mississauga tenant evicted for non-payment of rent, ordered to pay $22273 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1859 Pattinson Cres, Mississauga, ON L5J1H6
Decision in favor of
landlord
Balance Owed to Landlord
$22,273
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
May 5, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $3,600 due on 7th of each month
- No payments made since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord submitted that they are currently paying expenses for their current residence and expenses of the rental property, inclusive of mortgage payments. That she has been forced to use her personal savings to pay for these expenses which has resulted in being forced to sell her primary home and move to the rental property to decrease expenses and pay off resultant debt arising from the rental property.
Tenant
Actions
Tenant submitted that he has experienced many personal events of recent past, including the trauma of his wife being on life support, a health issue that continues to be ongoing and that his 15 year old daughter is now residing with him as result of being kicked out of her mother's home. He submits that he has had difficulty with staying on top of his bills, supporting his daughter, working in a self-employed capacity and experiencing 25% reduction in income in the winter months.
Decision Summary
The tenancy is terminated unless the Tenant pays $30,667.99 by May 6, 2023 or $34,267.99 by May 26, 2023 to void the order. If the Tenant does not void the order, they must pay $22,273.17 to the Landlord and vacate the unit by May 26, 2023.
Reason for Eviction Relief
The extension of time will provide the Tenant additional time to find a new place to live.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$3,600
Rent Arrears
$26,882
Application Fee
$186
Rent Deposit
$3,600
Deposit Interest
$80
Total Owing
$22,273 (Owed to Landlord)
Source
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