Landlord Wins Non-payment Case: Drewlo Holdings Inc. v Azizi 2023
London landlord wins conditional eviction order, tenant owes $3291 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
60 Capulet Lane, London, ON N6H0B2
Decision in favor of
landlord
Balance Owed to Landlord
$3,291
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Aug 2023
Order Date
Aug 29, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the 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 $1,559.03 per month
- Tenant paid $7,643.03 since application filed
- Rent arrears owing to August 31, 2023 are $1,521.00
- Landlord entitled to $20.00 for NSF charges and $186.00 for filing fee
- Landlord holds $1,521.00 rent deposit with $24.52 interest
Case Study
The Landlord served the Tenant with 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 on the hearing date. The Landlord was entitled to the rent arrears, NSF charges, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy will be terminated unless the Tenant pays $3,291.03 by September 30, 2023 or $4,850.06 by October 12, 2023 to void the order. If the Tenant does not pay, they must vacate the unit by October 12, 2023. The Landlord is entitled to deduct daily compensation from the rent deposit starting August 15, 2023.
Reason for Eviction Relief
The rent owing is for one month and it would not be unreasonable to provide the Tenant with a brief period of time to preserve their tenancy. Prejudice to the Landlord is minimized as the voiding period is one month and the Landlord holds a rent deposit in this amount.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$1,559
Rent Arrears
$1,521
Application Fee
$186
Rent Deposit
$1,521
Deposit Interest
$25
Other Owed Amount
$25
NSF charges
Total Owing
$3,291 (Owed to Landlord)
Source
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