Landlord Wins Non-payment Case: Knoll v Macneill 2023
Sudbury tenant ordered to pay $15386 in rent arrears or face eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
350 Dupont St, Sudbury, ON P3C2T6
Decision in favor of
landlord
Balance Owed to Landlord
$15,386
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 10, 2023
Tenancy End Date
Jul 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent is $1,900 per month
- No payments made since application filed
- Rent arrears of $13,300 as of June 30, 2023
- Landlord incurred $186 in application filing fees
Case Study
The Tenant did not dispute the rent arrears and testified that they began to accumulate when she became unemployed. The Tenant requested a delay in the eviction to allow time to find another rental property. Considering the circumstances, the adjudicator found it would not be unfair to postpone the eviction until July 31, 2023.
Arguments and Actions
Tenant
Actions
Tenant testified that the rent arrears began to accumulate when she became unemployed.
Decision Summary
The tenancy is terminated unless the Tenant pays $15,386 to void the order by July 31, 2023. If the Tenant does not void the order, they must vacate the unit by July 31, 2023 and pay the Landlord $10,959.61, which includes rent arrears and application filing fees, minus the rent deposit and interest.
Reason for Eviction Relief
To allow the Tenant time to find a new rental property
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$13,300
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$38
Total Owing
$15,386 (Owed to Landlord)
Source
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