Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Defreitas
Ottawa tenants given until June 30 to pay $8258 or be evicted for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
711 Edgeworth Ave, Ottawa, ON K2B5L5
Decision in favor of
landlord
Balance Owed to Landlord
$1,199
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 18, 2023
Tenancy End Date
Jun 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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $11,195 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord is entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Arguments and Actions
Landlord
Actions
Landlord doubted tenant would commit to a payment plan and felt a monthly plan may not be feasible.
Tenant
Actions
Tenant explained financial difficulties due to slow construction work and limited work hours. Tenant asked for a payment plan due to spouse on maternity leave and need to care for 3 young children.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the tenant pays $6,029.08 by May 31, 2023 or $8,258.44 by June 30, 2023 to void the order. If the tenant does not pay, they must move out by June 30, 2023 and pay the landlord $1,198.78 plus daily compensation of $73.29 from April 26, 2023 until move-out.
Reason for Eviction Relief
Postpone eviction to June 30, 2023 to allow tenant opportunity to settle outstanding rent
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
$2,229
Rent Arrears
$3,614
Application Fee
$186
Rent Deposit
$2,186
Deposit Interest
$18
Total Owing
$1,199 (Owed to Landlord)
Source
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