Landlord Wins Non-payment Case: Lobana v Grant 2023
Caledon landlord wins $15593 in non-payment case, tenant evicted
Summarized by RentZenLast updated: September 12, 2024
Case Summary
19 Phyllis Dr, Caledon, ON L7C4E3
Decision in favor of
landlord
Balance Owed to Landlord
$15,593
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Oct 2023
Order Date
Oct 23, 2023
Tenancy End Date
Nov 2023
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. The Tenant requested an adjournment to have this application heard with her T2 application, stating she stopped paying rent due to harassment. The adjournment was denied as the LTB had already denied the Tenant's request to have the matters heard together. The Tenant did not dispute the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,900 due on 1st of each month
- No payments made since application filed
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit at the time of the hearing. The Landlord is entitled to the rent arrears and the application filing fee, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative submitted that the Tenant has willingly withheld her rent, there was nothing previously to suggest financial hardship. He also submitted that the Tenant's repayment proposal will take 21 months and is only doable if the Tenant receives these support payments from her husband.
Actions
Landlord stated that since the Tenant stopped paying rent, he has had to borrow from his line of credit at 10% interest to maintain the expenses on the rental unit. He also stated that this is not only affecting him financially but also his physical health.
Tenant
Arguments
Tenant stated she needs more time as she has been going through financial difficulty.
Actions
Tenant resides in the rental unit with her 22 year old son, who just finished school and is about to start a new job. Tenant proposed a payment plan to pay rent plus $1,000 per month.
Decision Summary
The tenancy is terminated unless the Tenant pays $20,486 by October 31, 2023 or $23,386 by November 30, 2023 to void the order. If the Tenant does not void the order, the Tenant must pay $15,592.84 to the Landlord and vacate the unit by November 30, 2023.
Reason for Eviction Relief
The Tenant needs more time due to financial difficulty and the impact of COVID-19.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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Financial Details
Lawful Rent
$2,900
Rent Arrears
$20,300
Application Fee
$186
Rent Deposit
$2,800
Deposit Interest
$147
Total Owing
$15,593 (Owed to Landlord)
Source
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