Landlord Wins Non-payment Case: Humber v Walford 2023
Sudbury tenant given chance to pay $8586 to avoid eviction for $6000 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
509 Ramsey View Court, Sudbury, ON P3E2E3
Decision in favor of
landlord
Balance Owed to Landlord
$4,001
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Jul 2023
Order Date
Sep 27, 2023
Tenancy End Date
Oct 2023
We estimate Application Date using rent arrears.
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 is $1,200 due on 1st of each month
- Tenant paid $2,400 since application filed
- Rent arrears owing to July 31, 2023 are $6,000
- Landlord incurred $186 in filing costs
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was 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
Arguments
The Landlord did not accept the Tenant's proposed repayment plan, citing the amount of the arrears and that the Tenant is not currently employed.
Tenant
Arguments
The Tenant proposed a repayment plan that included a lump sum payment of $2,500.00 by July 31, 2023 and monthly payments of $500.00 until the rental arrears were paid off.
Actions
The Tenant testified that she did not know that the rent was not being paid. The Tenant is the only resident in the unit and is not currently employed.
Decision Summary
The tenancy will be terminated on October 31, 2023 unless the Tenant pays $8,586 by September 30, 2023 or $9,786 by October 31, 2023 to void the order. If the Tenant does not void the order, they must pay $4,001.08 to the Landlord and vacate the unit by October 31, 2023.
Reason for Eviction Relief
The delay will allow the Tenant some time to secure alternative housing, and will not unduly prejudice the Landlord.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$6,000
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$22
Total Owing
$4,001 (Owed to Landlord)
Source
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