Landlord Wins Non-payment Case: Dinatale v Mathieu 2023
Sudbury tenants given conditional relief, ordered to pay $9150 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1 312 Nelson St, Sudbury, ON P3B2N8
Decision in favor of
landlord
Balance Owed to Landlord
$9,150
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Jul 2023
Order Date
Aug 21, 2023
Tenancy End Date
Sep 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 at the time of the hearing.
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 tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord tried to arrange payment plans with the Tenant, but the Tenant did not respond.
Tenant
Actions
Tenant is 8 months pregnant and has 3 young children, and the family does not receive child tax benefits. The tenant's spouse has been unemployed since 2022.
Procedural Errors
Tenants did not notify the Landlord of their intention to raise section 82 issues prior to the hearing or disclose their supporting evidence prior to the hearing as directed.
Decision Summary
The tenancy will be terminated on September 30, 2023 unless the tenants pay $12,786 by August 31, 2023 or $14,586 by September 30, 2023 to void the order. If the tenancy is terminated, the tenants must pay $9,150.25 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants will also owe daily compensation of $59.18 for each day of occupation starting August 1, 2023.
Reason for Eviction Relief
Tenant is 8 months pregnant and has 3 young children, and the family does not receive child tax benefits. The tenant's spouse has been unemployed since 2022.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$10,800
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$36
Total Owing
$9,150 (Owed to Landlord)
Source
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