Landlord Wins Non-payment Case: Derron Brown v Ashley Smith 2023
Oshawa tenants evicted for non-payment of rent, owe $7661 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
210 Wilson Rd S, Oshawa, ON L1H6C3
Decision in favor of
landlord
Balance Owed to Landlord
$7,661
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 27, 2023
Tenancy End Date
Jul 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord tried to work with the tenants by sending emails and calls, but most calls were not returned and there was no reply to a payment plan suggested by the landlord. It would be unfair to grant relief from eviction.
Arguments and Actions
Landlord
Actions
Landlord tried to work with tenants by sending emails and calls, but most calls were not returned and there was no reply to a payment plan suggested by the landlord.
Tenant
Actions
Tenants did not pay rent and did not respond to landlord's attempts to work with them.
Decision Summary
The tenancy will be terminated if the tenants do not pay $7,661 by June 30, 2023 or $9,856 by July 8, 2023 to void the order. If the tenants do not pay, they must move out by July 8, 2023 and pay $3,596.62 plus daily compensation of $72.16 until they move out.
Adjudicator Details
LTB Member
Total Orders
576
Landlord Favorable
83.8%
Tenant Favorable
2.3%
Mutual Agreement
13.9%
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Financial Details
Lawful Rent
$2,195
Rent Arrears
$7,475
Application Fee
$186
Rent Deposit
$2,195
Deposit Interest
$35
Total Owing
$7,661 (Owed to Landlord)
Source
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