Landlord Wins Non-payment Case: Falcon Lake Investments of Canada Inc. v Dickson 2023
Norwich tenant evicted for non-payment of rent, owes $16565 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
10 Dufferin St, Norwich, ON N0J1P0
Decision in favor of
landlord
Balance Owed to Landlord
$16,565
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Nov 2022
Hearing Date
Oct 2023
Order Date
Nov 20, 2023
Tenancy End Date
Dec 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant disputed the arrears and claimed her accountant paid the rent on her behalf, but did not provide sufficient evidence to support her claim.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,537.17 per month
- No payments made since application filed
Case Study
The Landlord provided evidence of past rent payments by the Tenant, while the Tenant's evidence was found to be problematic as the accountant did not testify. The Tenant failed to contact the Landlord or her accountant after receiving the N4 notice, and the Landlord's text message to the Tenant about the arrears was credible. Therefore, the Landlord's claim of rent arrears was found to be more probable.
Arguments and Actions
Landlord
Actions
Landlord submitted evidence of past rent payments by the Tenant via e-transfer.
Tenant
Actions
Tenant claims her accountant paid the rent on her behalf, but did not provide sufficient evidence to support this claim.
Decision Summary
The tenancy is terminated unless the Tenant pays the full amount owing by November 30, 2023 or December 15, 2023. If the Tenant does not pay, the Tenant must vacate the unit by December 15, 2023 and pay the Landlord the remaining amount owing.
Reason for Eviction Relief
To allow the Tenant time to sort out the arrears with her accountant or find more suitable housing
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,537
Rent Arrears
$18,296
Application Fee
$186
Rent Deposit
$1,511
Deposit Interest
$31
Total Owing
$16,565 (Owed to Landlord)
Source
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