Landlord Wins Eviction Case: Henkel v Wright 2023
Milton landlords win eviction case, tenant ordered to pay $17216
Summarized by RentZenLast updated: September 12, 2024
Case Summary
614 Main St E, Milton, ON L9T9M3
Decision in favor of
landlord
Balance Owed to Landlord
$17,216
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Feb 2023
Order Date
Mar 8, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for orders to terminate the tenancy and evict the Tenant due to non-payment of rent and persistent late payment of rent. The Landlords also applied for an order requiring the Tenant to pay for unpaid utility costs.
Determinations
- Landlords 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
- Tenant failed to pay utility costs
Case Study
The Tenant did not void the N4 notice by paying the rent arrears. The Tenant was still in possession of the rental unit on the hearing date. The Tenant failed to pay water and electricity costs as required under the tenancy agreement. The Landlords were entitled to the rent arrears, the cost of filing the applications, and the unpaid utility costs.
Arguments and Actions
Tenant
Actions
Tenant stated she would be leaving the rental unit on or before March 15, 2023, and confirmed the tenancy would end on that date.
Decision Summary
The tenancy is terminated effective March 15, 2023. The Tenant must pay the Landlords $15,715.23, which includes rent arrears, the cost of filing the applications, and unpaid utility costs, minus the rent deposit and interest. The Tenant must also pay daily compensation of $64.88 from February 28, 2023, until the Tenant vacates the unit. If the Tenant does not pay the full amount by March 15, 2023, the Landlords may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,973
Rent Arrears
$17,761
Application Fee
$186
Rent Deposit
$1,950
Deposit Interest
$60
Other Owed Amount
$1,104
Unpaid utility costs
Total Owing
$17,216 (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.