Nirmal Sandhu v Peter Shell - LTB Ruling on Non-payment of Rent
Landlord awarded $15886 in rent arrears, tenants evicted for non-payment in Orangeville dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 319 Broadway, Orangeville, ON L9W1L4
Decision in favor of
landlord
Balance Owed to Landlord
$15,886
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 9, 2023
Tenancy End Date
Jun 2023
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,050 per month
- Tenant paid $10,600 since application filed
- Rent arrears owing to May 31, 2023 is $13,650
- Landlord incurred $186 application filing fee
- Landlord holds $2,500 rent deposit with $142.19 interest
Case Study
The tenant should have paid the rent arrears to void the N4 notice. Despite an interim order being issued, the tenants failed to pay rent for April and May 2023, and the landlord was experiencing financial hardship. While the tenants had difficulties, they made no attempt to contact the landlord or abide by the interim order, and prolonging the tenancy would be prejudicial to the landlord.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative requested a standard order as there are significant arrears and the Tenants have made no attempts to pay rent recently.
Actions
Landlord's Legal Representative stated the Tenant has not complied with the interim order, did not pay rent for April and May 2023, and the Landlord is experiencing financial hardship.
Tenant
Arguments
Tenant proposes to pay $500 per month towards arrears until they are satisfied, which would take over 2 years.
Actions
Tenant states he resides in the rental unit with his father, and both would like to preserve the tenancy. Tenant was off work since November 2022 and just started a new job, expects to earn $850-$1000 per week.
Decision Summary
The tenancy is terminated unless the tenant pays $15,886 by June 30, 2023 to void the order. If the tenant does not pay, they must vacate the unit by June 30, 2023 and pay the landlord $11,165.81 plus daily compensation of $67.40 starting May 31, 2023.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$2,050
Rent Arrears
$13,650
Application Fee
$186
Rent Deposit
$2,500
Deposit Interest
$142
Total Owing
$15,886 (Owed to Landlord)
Source
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