Landlord Wins Non-payment Case: Hazelview Properties v Hupe 2023
Ottawa tenant ordered to pay $21546 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2870 Cedarwood Dr, Ottawa, ON K1V8Y5
Decision in favor of
landlord
Balance Owed to Landlord
$21,546
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2021
Hearing Date
Nov 2022
Order Date
Mar 1, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,177.98 per month
- Rent arrears of $23,666.75 as of hearing date
- Tenant paid $2,100 since application filed
- Landlord entitled to $186 application fee
- Tenant paid $1,177.98 rent deposit
- Landlord owes $299.53 interest on deposit
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears up to the termination date, the application filing fee, and daily compensation for the Tenant's continued occupation of the unit.
Decision Summary
The tenancy is terminated unless the Tenant pays $28,564.67 to void the order by March 17, 2023. If the Tenant does not void the order, the Tenant must pay $21,545.83 to the Landlord and vacate the unit by March 17, 2023.
Reason for Eviction Relief
Postpone eviction until March 17, 2023
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,178
Rent Arrears
$23,667
Application Fee
$186
Rent Deposit
$1,178
Deposit Interest
$300
Total Owing
$21,546 (Owed to Landlord)
Source
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