Landlord Wins Eviction Case: Mummery v Andres 2024
St. Catharines tenants face eviction for non-payment of $8046 in rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
30 Cushman Rd, St Catharines, ON L2M6Z2
Decision in favor of
landlord
Balance Owed to Landlord
$8,046
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Aug 2023
Hearing Date
May 2024
Order Date
May 28, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlords 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.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Lawful rent was $1,500 per month
- Landlords' 2023 rent increase to $1,538 was invalid
- Landlords' 2024 rent increase to $1,576 was invalid
Arguments and Actions
Landlord
Actions
Landlords are facing financial distress due to rising mortgage rates and need to sell the rental unit, but cannot do so with non-paying tenants.
Tenant
Actions
Tenants have consistently failed to pay the full lawful monthly rent of $1,500 since August 2023.
Decision Summary
The Landlords served a valid N4 notice, and the Tenants did not void it by paying the arrears. The Tenants have consistently failed to pay the lawful monthly rent of $1,500, and a repayment plan is unlikely to succeed. Given the Landlords' financial distress, eviction is warranted, but the order is delayed by one week to allow the Tenants more time to vacate.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$9,600
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$174
Total Owing
$8,046 (Owed to Landlord)
Source
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