Landlord Wins Non-payment Case: Michael Rogers v John Tremblay 2023
Pickering tenant evicted for non-payment of rent, ordered to pay $5090 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 1121 Culross Ave, Pickering, ON L1V2W6
Decision in favor of
landlord
Balance Owed to Landlord
$5,090
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 30, 2023
Tenancy End Date
Aug 2023
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $810 due on 1st of each month
- Tenant paid $2,610 since application filed
- Rent arrears owing to May 31, 2023 are $5,890
- Landlord incurred $186 application filing fee
- Landlord holds $800 rent deposit with $41.94 interest
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. Given the Tenant's limited income, the chances of the Tenant being able to repay the rent arrears or pay the ongoing rent in full are remote. It would not be unfair to postpone the eviction until August 31, 2023.
Arguments and Actions
Landlord
Actions
Landlord is a senior who has had to use savings and a line of credit to keep up with mortgage payments.
Tenant
Actions
Tenant said rent arrears accumulated due to health issues and inability to work, and he could not get a written lease to apply for disability benefits.
Decision Summary
The tenancy will be terminated on August 31, 2023 unless the Tenant pays the outstanding rent arrears and costs by the specified deadlines. If the Tenant does not void the order, they must pay the Landlord $5,089.81 and compensation of $26.63 per day starting May 26, 2023 until they vacate the unit.
Reason for Eviction Relief
Tenant's limited income and inability to repay arrears
Adjudicator Details
LTB Member
Total Orders
163
Landlord Favorable
87.7%
Tenant Favorable
3.7%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$810
Rent Arrears
$5,890
Application Fee
$186
Rent Deposit
$800
Deposit Interest
$42
Total Owing
$5,090 (Owed to Landlord)
Source
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