Landlord Wins Eviction Case: HARMONY GARDENS LTD. v PENWRIGHT 2023
Oshawa tenants ordered to pay $6893 or vacate by November 6 for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
19 Harmony Road, Oshawa, ON L1H6T2
Decision in favor of
landlord
Balance Owed to Landlord
$6,893
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2022
Hearing Date
Jul 2023
Order Date
Oct 26, 2023
Tenancy End Date
Nov 2023
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
- Landlord assumed ownership on/around January 24, 2020
- No written agreement regarding repairs
- Tenants failed to prove verbal agreement for repairs
- Lawful monthly rent is $1,486.82 as of January 1, 2023
- Rent arrears owing to July 31, 2023 are $2,257.94
- Landlord entitled to $175 application filing fee
- Tenant entitled to $70.05 interest on rent deposit
Case Study
The Tenants claimed they had a verbal agreement with the former landlord to replace the flooring and deduct the cost from the rent, but they failed to provide sufficient evidence to prove this agreement. The Landlord provided evidence that the rent increases were properly served on the Tenants, and the Tenants did not terminate the tenancy after receiving the rent increase notices. The Tenants were in arrears and did not void the N4 notice by paying the outstanding rent.
Arguments and Actions
Tenant
Actions
Tenants claimed they had a verbal agreement with the former landlord to replace the flooring and deduct the cost from the rent.
Decision Summary
The tenancy will be terminated unless the Tenants pay $6,893.40 by October 31, 2023 or $8,380.22 by November 6, 2023 to void the order. If the Tenants do not make the required payment, the tenancy will be terminated, and the Tenants must vacate the unit by November 6, 2023. The Landlord is entitled to the rent arrears, application filing fee, and compensation for the Tenants' continued occupation of the unit.
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
$1,487
Rent Arrears
$2,258
Application Fee
$175
Rent Deposit
$1,403
Deposit Interest
$70
Total Owing
$6,893 (Owed to Landlord)
Source
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