Landlord Wins Non-payment Case: Hazelview Properties v Adewumi 2023
Ottawa tenant ordered to pay $18630 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1301 Cedarwood Dr, Ottawa, ON K1V8Y4
Decision in favor of
landlord
Balance Owed to Landlord
$18,630
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2023
Hearing Date
Aug 2023
Order Date
Sep 12, 2023
Tenancy End Date
Sep 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant Donatus Edi due to non-payment of rent. The application was filed after serving a valid N4 Notice, which the tenant did not void by paying the arrears. The other named tenant, Adefemi Adewumi, had vacated the unit prior to the application being filed.
Determinations
- Adefemi Adewumi removed as tenant and party
- Adewumi vacated unit in October 2022
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession at hearing date
- Lawful rent is $1,647.41 per month
- Rent arrears of $16,796.84 as of hearing date
- Landlord entitled to $186 application fee
- Tenant paid $1,800 since application filed
- Landlord holds $1,122 rent deposit with $82.95 interest
Case Study
The landlord served a valid N4 notice, and the tenant did not void the notice by paying the arrears. The other named tenant, Adefemi Adewumi, had vacated the unit prior to the application being filed, so he was removed as a party. The tenancy is a joint and severable agreement, so the tenant is responsible for the full rent amount, even if he had an agreement with the other tenant to split the payments.
Arguments and Actions
Tenant
Actions
Tenant disputed having to pay full monthly rent and arrears, argued he and former co-tenant agreed to split rent payments.
Decision Summary
The tenancy is terminated unless the tenant pays $18,630.25 by September 30, 2023 to void the order. If the tenant does not pay, they must vacate the unit by September 30, 2023 and pay the landlord $15,646.96 plus daily compensation of $54.16 from August 29, 2023 until the date they move out.
Reason for Eviction Relief
Tenancy not viable, further delay would prejudice landlord
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,647
Rent Arrears
$16,797
Application Fee
$186
Rent Deposit
$1,122
Deposit Interest
$83
Total Owing
$18,630 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.