Landlord Wins Eviction Case: Fountain v Yussuf 2023
Ottawa tenant evicted for $38900 in rent arrears, ordered to pay $35186 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 9 Marier Avenue, Ottawa, ON K1L5S6
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Oct 2023
Order Date
Oct 18, 2023
Tenancy End Date
Nov 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,900 per month
- Tenant has not made any payments since application filed
- Rent arrears to October 31, 2023 are $38,900
- Landlord incurred $186 in filing costs
- Landlord holds $1,900 rent deposit with $75.64 interest
- Arrears exceed Board's $35,000 monetary jurisdiction
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Board's monetary jurisdiction is limited to $35,000, but the Tenant must pay the full arrears to void the order and continue the tenancy. The Tenant's maintenance issues were not properly disclosed in advance, so they could not be considered at this hearing.
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant failed to provide evidence of mold issues and was abusing process.
Actions
Landlord testified Tenant has not made any payments since application filed, causing financial hardship.
Tenant
Arguments
Tenant argued mold issues and post-partum depression should prevent eviction.
Actions
Tenant asserted she paid rent for September-November 2021 but had no evidence.
Procedural Errors
Tenant failed to properly disclose maintenance issues as required.
Decision Summary
The tenancy is terminated unless the Tenant pays $39,086 by October 31, 2023 or $40,986 by November 5, 2023 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by November 5, 2023 and pay the Landlord $35,186, which includes rent arrears and filing costs.
Reason for Eviction Relief
Tenant given until November 5, 2023 to vacate due to potential health issues from mold and post-partum depression
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$38,900
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$76
Total Owing
$35,186 (Owed to Landlord)
Source
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