LS GP Inc v Monette - LTB Ruling on Non-Payment of Rent
Ottawa landlord wins eviction order against tenants owing $9161 in unpaid rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2266 Halifax Dr, Ottawa, ON K1G2W6
Decision in favor of
landlord
Balance Owed to Landlord
$9,161
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Jun 2023
Order Date
Jul 18, 2023
Tenancy End Date
Aug 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 parties consented to amending the application to reflect that the Tenants paid $1,800 for the period of February 1, 2023, to February 28, 2023, reducing the total arrears claimed to $4,700.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants made no payments since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the continued occupation of the unit.
Arguments and Actions
Landlord
Arguments
Landlord's representative claimed that the Tenant's monthly expenses were not reliable and that it does not take weeks, but rather a few days for the remittance of the rental assistance payments.
Tenant
Arguments
Tenant Andre Monette testified that the City of Ottawa will pay the outstanding arrears and that this balance will be cleared by the end of July 2023.
Actions
Tenants were both diagnosed with cancer, which impacted their ability to pay rent due to medical appointments and treatment.
Decision Summary
The tenancy is terminated unless the Tenants pay $14,886 by July 31, 2023, or $17,386 by August 12, 2023, to void the order. If the Tenants do not void the order, they must pay $9,161.13 to the Landlord and vacate the unit by August 12, 2023. The Landlord is entitled to compensation of $82.19 per day for the Tenants' continued occupation of the unit.
Reason for Eviction Relief
Considering all the circumstances, it would not be unfair to postpone the eviction to August 12, 2023.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
89.7%
Tenant Favorable
8.6%
Mutual Agreement
1.7%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$12,200
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$33
Total Owing
$9,161 (Owed to Landlord)
Source
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