Landlord Wins Rent Arrears Case: Goodfellow Management v Petersen 2023
Angus tenant ordered to pay $18278 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
234 Margaret Street, Angus, ON L0M1B0
Decision in favor of
landlord
Balance Owed to Landlord
$18,278
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Nov 30, 2023
Tenancy End Date
Nov 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent and the landlord's personal use of the rental unit. The landlord did not pay the tenant compensation for the N12 notice, and the board dismissed the N12 application. For the N4 application, the board found the tenant had rent arrears of $10,160 and ordered the tenant to pay $18,278 to void the eviction order or $8,727.86 if the tenancy is terminated.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,322 per month
- Tenant paid $700 since application filed
- Rent arrears of $10,160 as of hearing date
- Landlord incurred $186 application filing fee
- Tenant paid $1,275 rent deposit, with $125.84 interest owed
Case Study
The landlord did not comply with the requirements of Section 48.1 of the Act by not paying the tenant compensation or offering an alternative unit by the N12 notice termination date, so the board cannot issue an eviction order. For the N4 application, the board considered the tenant's health and financial circumstances and postponed the eviction to November 30, 2023 to give the tenant time to pay the arrears and void the order.
Arguments and Actions
Landlord
Actions
Landlord expressed doubt about tenant's ability to pay rent arrears and sought a standard eviction order.
Tenant
Actions
Tenant submitted evidence of health issues and financial difficulties preventing her from paying rent.
Decision Summary
The landlord's N12 application was dismissed as the landlord did not comply with the requirements of Section 48.1 of the Act. For the N4 application, the board ordered the tenant to pay $18,278 by November 30, 2023 to void the eviction order, or $8,727.86 if the tenancy is terminated. The tenant must vacate the unit by November 30, 2023 if the order is not voided.
Reason for Eviction Relief
Tenant's health and financial circumstances
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,322
Rent Arrears
$10,160
Application Fee
$186
Rent Deposit
$1,275
Deposit Interest
$126
Total Owing
$18,278 (Owed to Landlord)
Source
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