Landlord Wins Non-payment Case: Maple Property Management Group v Finessy 2024
London tenant faces eviction for non-payment of rent, owes $8351 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1170 Hamilton Rd, London, ON N5W1A9
Decision in favor of
landlord
Balance Owed to Landlord
$8,351
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 15, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $945.56 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
Landlord's representative confirmed application had clerical errors and requested amendments.
Tenant
Arguments
Tenant argued Landlord was in serious breach of obligations under the Act, requiring denial of eviction under s. 83(3)(a).
Actions
Tenant alleged issues with pests, appliances, plumbing, electrical, and windows, but provided no supporting evidence.
Decision Summary
The Landlord's application is not refused under s. 83(3)(a) as the Tenant did not establish the Landlord was in serious breach of their obligations under the Act or the tenancy agreement. The Tenant may void the order and continue the tenancy by paying $9,371.68 on or before April 26, 2024. If the Tenant does not void the order, the tenancy is terminated and the Tenant must pay $8,351.08 to the Landlord.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
95.0%
Tenant Favorable
5.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$946
Rent Arrears
$8,240
Application Fee
$186
Total Owing
$8,351 (Owed to Landlord)
Source
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