Landlord Wins Non-payment Case: Fung v Stewart 2024
Oshawa tenants evicted for non-payment of rent, owe $18342 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1219 Plymouth Dr, Oshawa, ON L1L0T4
Decision in favor of
landlord
Balance Owed to Landlord
$18,342
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Aug 2024
Order Date
Aug 26, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenants did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,700 per month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants did not pay rent and were still in possession of the rental unit.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying $24,386 by August 31, 2024 or $28,086 by September 6, 2024. If the Tenants do not void the order, they must pay the Landlord $18,342.28 and vacate the unit by September 6, 2024.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$3,700
Rent Arrears
$24,200
Application Fee
$186
Rent Deposit
$3,700
Deposit Interest
$103
Total Owing
$18,342 (Owed to Landlord)
Source
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