Landlord Wins Non-payment Case: EQB Ltd. v Susan Hunt 2023
St. Catharines tenant given conditional relief, owes $6392 to landlord for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
177 17 Old Pine Trail, St Catharines, ON L2M6P9
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 17, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the original order and the review order, which were both granted.
Determinations
- Tenant was not reasonably able to participate in previous hearings
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $919.95 per month
- Tenant paid $4,498 since application filed
- Rent arrears owing to May 31, 2023 is $6,205.91
- Landlord incurred $186 in filing fees
Case Study
The Tenant was not reasonably able to participate in the previous hearings due to technical issues and lack of understanding of the process. The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the arrears. The Tenant has been struggling financially and has a lengthy tenancy, so the Board is granting a postponement of the eviction to allow the Tenant to seek community support to pay the arrears.
Arguments and Actions
Landlord
Actions
Landlord reached out to Niagara Housing to seek assistance for Tenant, but Tenant failed to provide necessary paperwork.
Tenant
Actions
Tenant has been struggling with finances and believes they no longer qualify for a 2-bedroom subsidy. Tenant has a roommate who can contribute $500/month towards rent. Tenant offered to sell belongings to stay.
Procedural Errors
Tenant did not understand the process to log into the videoconference hearings
Decision Summary
The tenancy is terminated unless the Tenant pays $6,391.91 by May 31, 2023 or $7,311.86 by June 30, 2023 to void the order. If the Tenant does not void the order, they must vacate by June 30, 2023 and pay $5,743.88 plus daily compensation of $30.24 from May 9, 2023 until move-out.
Reason for Eviction Relief
Tenant has a lengthy tenancy and is struggling financially, so a postponement is granted to allow the Tenant to seek community support to pay the arrears
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$920
Rent Arrears
$6,206
Application Fee
$186
Total Owing
$6,392 (Owed to Landlord)
Source
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