Landlord Wins Eviction Case: Erlichman v Nuziato 2024
Welland tenant faces eviction for non-payment of rent and substantial interference, ordered to pay $23286 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
2, 11 Foss Road, Welland, ON L3C3C9
Decision in favor of
landlord
Balance Owed to Landlord
$23,286
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 12, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the landlord and other tenants. The Tenant did not attend the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,650/month
- Tenant has not made any payments since application
- Rent arrears to April 30, 2024 are $21,450
- Landlord holds $1,650 rent deposit plus $77.19 interest
Arguments and Actions
Landlord
Arguments
Landlord attempted to negotiate a repayment agreement with the Tenant.
Procedural Errors
Issues with the completion and service of the N5 notice
Aggravating Factors
Tenant's incarceration, disruptive conduct, and unauthorized occupants
Tenant
Actions
Tenant has not paid rent since November 2022 and has not followed a payment plan.
Decision Summary
The L1 application for non-payment of rent is granted. The tenancy is terminated unless the tenant voids the order by paying $23,286 by April 23, 2024. If the tenant does not void the order, they must vacate by April 23, 2024 and pay the landlord $20,071.56 plus daily compensation. The L2 application for unpaid utility costs is dismissed without prejudice due to issues with the N5 notice.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Lawful Rent
$1,650
Rent Arrears
$21,450
Application Fee
$186
Rent Deposit
$1,650
Deposit Interest
$77
Total Owing
$23,286 (Owed to Landlord)
Source
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