Landlord Wins Rent Arrears Case: Morra v Derrett 2024
Belleville tenants face eviction for non-payment of rent, owe $8228 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 89 Bridge St W, Belleville, ON K8P1J4
Decision in favor of
landlord
Balance Owed to Landlord
$8,228
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Jun 2024
Order Date
Jul 15, 2024
Tenancy End Date
Aug 2024
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 tenants had not vacated the rental unit as of the hearing date.
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
- Landlord incurred $186 application filing fee
Arguments and Actions
Landlord
Actions
Landlord offered payment plans to Tenants, but Tenants did not make payments according to the plans.
Tenant
Arguments
Tenants did not pay rent due to unresolved maintenance issues, specifically mold and malfunctioning refrigerator and freezer.
Actions
Tenants did not pay rent for February 2024 to June 2024, resulting in $5,500 in rent arrears.
Decision Summary
Unless the Tenants void the order by paying $10,936 by July 31, 2024 or $12,036 by August 15, 2024, the tenancy will be terminated effective August 15, 2024. If the Tenants do not void the order, they must pay the Landlord $8,228.04, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay daily compensation of $36.16 for each day of occupation starting June 19, 2024 until they vacate the unit.
Reason for Eviction Relief
Tenants require additional time to transition to a retirement residence due to deteriorating health
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,100
Rent Arrears
$9,650
Application Fee
$186
Rent Deposit
$1,100
Deposit Interest
$59
Total Owing
$8,228 (Owed to Landlord)
Source
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