Landlord Wins Eviction Case: Jeff v Ferguson 2024
Woodstock landlords awarded $35186 in rent arrears, tenants face eviction for non-payment
Summarized by RentZenLast updated: November 5, 2024
Case Summary
595714 59 HWY, Woodstock, ON N4S7W1
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Sep 2024
Order Date
Oct 2, 2024
Tenancy End Date
Oct 2024
Dispute Summary
Landlords 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. The tenants remained in possession of the rental unit at the time of the hearing.
Determinations
- Tenants failed to comply with Interim Order to pay ongoing rent
- Tenants not permitted to raise section 82 issues
- Landlords' N1 Notice of Rent Increase valid
- Landlords properly allocated tenant payments
- N4 Notice valid
Arguments and Actions
Landlord
Arguments
Arrears are substantial and Landlords are incurring interest charges
Tenant
Actions
Tenants failed to make full rent payments since Interim Order was issued
Decision Summary
The tenancy will be terminated on October 20, 2024 unless the Tenants pay $53,501 to void the order and continue the tenancy. If the Tenants do not pay, the tenancy will be terminated and the Tenants must pay $35,186 to the Landlords. The Tenants are also ordered to pay daily compensation of $86.27 for each day of occupation starting September 17, 2024 until they vacate the unit.
Reason for Eviction Relief
Tenants have limited income and need time to find new living arrangements
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$2,624
Rent Arrears
$50,691
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$165
Total Owing
$35,186 (Owed to Landlord)
Source
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