Landlord Wins Rent Arrears Case: Frastell Property Management Inc v Purdy
Ottawa tenants given until July 2024 to pay $22500 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 465 Richmond Rd, Ottawa, ON K2A1Z1
Decision in favor of
landlord
Balance Owed to Landlord
$5,760
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2023
Hearing Date
Nov 2023
Order Date
May 17, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Rent arrears owing to November 30, 2023
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
The landlord opposed the tenant's proposed payment plan, stating it was too lengthy.
Tenant
Arguments
The tenant challenged the validity of the rent increases, claiming the landlord breached its maintenance obligations and that the L1/L9 application is retaliatory.
Actions
The tenant lives at the rental unit with her two daughters and two large dogs. The tenant spoke about her mental health and some of her past struggles, which she is working through.
Procedural Errors
The tenant did not comply with the disclosure requirements under the Act and Rules of Procedure.
Decision Summary
The tenancy will be terminated on July 31, 2024 unless the tenants pay the full rent arrears by that date. The tenants are ordered to pay $5,760.48 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants will also owe daily compensation for each day of occupation starting November 23, 2023.
Reason for Eviction Relief
The tenant lives at the rental unit with her two daughters and two large dogs. The tenant does not have a steady income, but earns approximately $5,000-$6,000 per month from various sources. The tribunal is providing the tenant until July 31, 2024 to either pay the arrears or else find alternative living accommodation, to ensure the children's school year is not interrupted.
Adjudicator Details
LTB Member
Total Orders
45
Landlord Favorable
91.1%
Tenant Favorable
8.9%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,820
Rent Arrears
$7,751
Application Fee
$186
Rent Deposit
$1,695
Deposit Interest
$38
Total Owing
$5,760 (Owed to Landlord)
Source
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