Landlord Wins Substantial Interference Case: Dilivio v Mcconachie 2024
Landlord wins case to evict Ancaster tenant for failure to pay utilities, awarded $3141
Summarized by RentZenLast updated: October 13, 2024
Case Summary
9 Rouley Lane, Ancaster, ON L9G0G5
Decision in favor of
landlord
Balance Owed to Landlord
$5,427
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2023
Hearing Date
Mar 2024
Order Date
Mar 25, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to pay utilities as required under the tenancy agreement. The Landlord also claimed compensation for the Tenant's unpaid utility costs.
Determinations
- Landlord served valid N5 Notice
- Tenant did not void notice by paying arrears
- Tenant responsible for utilities under agreement
- Tenant failed to pay utilities
- Landlord incurred $3,141.13 in unpaid utility costs
- Landlord entitled to $186 application fee
Arguments and Actions
Landlord
Actions
Landlord submitted that the Tenant is in arrears of rent of approximately $18,000.00 and that the Landlord has experienced financial hardship consisting of a default on mortgage payments in order to pay the Tenant's utilities.
Tenant
Actions
Tenant testified she lives in the unit with her children, ages 10 and 7, and that she suffered a stroke and was off work due to that and also due to layoff. She testified that she would like to maintain her tenancy and suggested that she pay the utility arrears at the rate of $200.00 a week until they are paid off.
Decision Summary
The Landlord's application is granted. The tenancy is terminated effective April 30, 2024. The Tenant must pay the Landlord $3,141.13 for unpaid utility costs and $186 for the application fee. If the Tenant does not pay by April 30, 2024, the Tenant will owe interest at 7% annually on the outstanding balance.
Reason for Eviction Relief
Tenant testified she suffered a stroke and was laid off, and requested to pay utility arrears at $200/week
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Rent Arrears
$18,000
Application Fee
$186
Rent Deposit
$2,600
Deposit Interest
$137
Other Owed Amount
$3,141
Unpaid utility costs
Total Owing
$5,427 (Owed to Landlord)
Source
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