Landlords Win Rent Arrears Case: Ganon v Hervieux 2023
Sudbury landlords awarded $31502 in rent arrears, tenant ordered to vacate or pay to void eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
344 Elm St, Sudbury, ON P3C1V8
Decision in favor of
landlord
Balance Owed to Landlords
$31,502
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Dec 15, 2023
Tenancy End Date
Jan 2024
Dispute Summary
Landlords 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
- Landlords served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,350 per month
- Rent arrears owing to July 31, 2023 are $32,400
- Landlords incurred $186 in filing costs
Case Study
The Tenant claimed the matter was in Superior Court due to the illegal sale of the property, but did not provide any evidence or file number. The Board found the L1 application for rental arrears could proceed. The Tenant also alleged the application was already heard and dismissed, but the Board determined the previous application was an L2 for landlord's own use, which is different from the current L1 for rental arrears. The Tenant's claim for $14,900 for a water boiler system was denied as it was installed by the previous owner and outside the statutory limitation period. The Board accepted the Landlord's evidence of the current lease agreement and monthly rent of $1,350.
Arguments and Actions
Tenant
Arguments
The Tenant claimed the matter is in Superior Court due to the illegal sale of the property, and that the application was already heard and dismissed by the Board.
Actions
The Tenant revealed to the Board that rooms on the property are being rented.
Aggravating Factors
The Tenant is renting out rooms in the property while not paying rent to the Landlords, becoming unjustly enriched.
Decision Summary
The tenancy will be terminated on January 2, 2024 unless the Tenant pays $39,336 by December 31, 2023 or $40,686 by January 2, 2024 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $31,502.28 in rent arrears and filing costs, plus daily compensation of $44.38 starting July 7, 2023 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,350
Rent Arrears
$32,400
Application Fee
$186
Total Owing
$31,502 (Owed to Landlords)
Source
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