Landlord Wins Eviction Case: Klein v Gersenyi 2024
Orangeville tenant evicted for non-payment and persistent late payment of rent, ordered to pay $14654 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 45 Town Line, Orangeville, ON L9W1T7
Decision in favor of
landlord
Balance Owed to Landlord
$14,654
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Nov 2023
Order Date
Mar 7, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenant did not void the notices or pay the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,125.45 per month
- Rent arrears of $15,944.50 as of 2023-11-30
- Landlord incurred $186 in application filing fees
- Tenant paid $1,085 rent deposit, with $80.29 interest owed
- Tenant has persistently paid rent late
Arguments and Actions
Landlord
Actions
Landlord's Representative testified that the elderly parents who own the building have high operational and repair costs, and the Tenant's rent accounts for 26% of the total monthly rental income. Landlord's Representative stated that the Tenant had previously communicated when rent would be late, but this stopped in fall 2022.
Tenant
Actions
Tenant testified about having mental health issues and being on ODSP, with monthly expenses exceeding income by $1,070.45. Tenant not in financial position to pay rent arrears.
Decision Summary
The tenancy is terminated effective March 18, 2024. The Tenant must pay the Landlord $14,653.76, which includes rent arrears and application filing fees, minus the rent deposit and interest. If the Tenant does not pay by March 18, 2024, the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,125
Rent Arrears
$15,945
Application Fee
$186
Rent Deposit
$1,085
Deposit Interest
$80
Total Owing
$14,654 (Owed to Landlord)
Source
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