Landlord Wins Eviction Case: MTR GROUP LTD v GLADUE 2023
Sudbury tenant evicted for $27541 in unpaid rent, ordered to vacate by January 31
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1873 Bancroft Drive, Sudbury, ON P3A1S3
Decision in favor of
landlord
Balance Owed to Landlord
$27,541
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Dec 2022
Order Date
Jan 5, 2023
Tenancy End Date
Jan 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord also applied to terminate the tenancy based on an agreement to terminate the tenancy. The Tenant did not pay the rent arrears to void the N4 notice, and 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 $1,600 per month
- No payments made since application filed
- Rent arrears of $25,740 as of 2022-12-31
- Landlord incurred $201 in filing costs
Case Study
The Landlord served a valid N4 notice, and the Tenant did not void the notice by paying the rent arrears. The Landlord and Tenant also entered into an agreement to terminate the tenancy, but the Tenant did not vacate the unit by the agreed upon date. The Tenant has not made any rent payments since the application was filed.
Arguments and Actions
Landlord
Actions
The Landlord's Agent testified that he is seeking to terminate the tenancy. He testified that he has attempted on numerous occasions to work with the Tenant, however the Tenant has only suggested that he will be moving out of the unit each time the Landlord's Agent contacted him to pay the rent and the arrears. He testified that he and the Tenant reached an agreement to terminate the tenancy on October 31, 2022 but the Tenant did not vacate the rental unit.
Tenant
Actions
The Tenant testified that he does not dispute the amount of arrears owed and is seeking more time to vacate the rental unit. He testified that he thought he would be able to vacate on October 31, 2022 but was unable to find alternative housing.
Decision Summary
The tenancy is terminated effective January 31, 2023. The Tenant must pay the Landlord $27,541, which includes rent arrears up to January 31, 2023 and the application filing fee. If the Tenant does not pay the full amount by January 31, 2023, the Tenant will owe interest starting February 1, 2023. If the unit is not vacated by January 31, 2023, the Landlord may file the order with the Sheriff to enforce the eviction starting February 1, 2023.
Reason for Eviction Relief
The Tenant is granted an extension to vacate the unit until January 31, 2023.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,600
Rent Arrears
$25,740
Application Fee
$201
Total Owing
$27,541 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.