Landlord Wins Non-payment Case: Hazelview Property Services v Price Ryan 2023
London tenant evicted for non-payment of rent, owes $15033 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
712 Queens Ave, London, ON N6B1X7
Decision in favor of
landlord
Balance Owed to Landlord
$15,033
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 7, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
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 that date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord stated they had discussions with the Tenant in an effort to reach a payment agreement for the rent arrears, but the Tenant made no payments since December 2022.
Tenant
Actions
Tenant testified he had lost his job and fell into rent arrears. He lives alone half the time and the other half his 4-year-old child resides with him. He has no health or disability issues.
Decision Summary
The tenancy will be terminated on June 18, 2023 unless the Tenant pays $18,579.18 to void the order and continue the tenancy. If the Tenant does not pay this amount, the Tenant must move out by June 18, 2023 and pay the Landlord $15,032.59, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,634
Rent Arrears
$16,759
Application Fee
$186
Rent Deposit
$1,615
Deposit Interest
$6
Total Owing
$15,033 (Owed to Landlord)
Source
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