Landlord Wins Non-payment Case: Obbe Dejong v Doris Hall 2023
Sarnia landlord wins eviction order against tenant owing $15337 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
313 Elgin St, Sarnia, ON N7T5B5
Decision in favor of
landlord
Balance Owed to Landlord
$13,235
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 5, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant requested an adjournment to file her own applications, but the request was denied. The Landlord served a valid N4 notice and the Tenant remained 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 $1,922.80 per month
- Tenant paid $3,822.80 since application filed
- Rent arrears to May 31, 2023 are $15,336.80
- Landlord incurred $186 in filing fees
Case Study
The Tenant did not void the N4 notice by paying the rent arrears. The Tenant's testimony about receiving a settlement payment was found to be not credible, and the Tenant's only income was social assistance, which was insufficient to cover the substantial rent arrears. The Landlord was entitled to the rent arrears, filing fee, and compensation for the Tenant's continued occupation of the unit.
Arguments and Actions
Tenant
Actions
Tenant lives alone in the 3-bedroom rental unit. Tenant's children are ages 14, 7 and 5 and she is working with social services to have them come live with her permanently. Tenant also has an adult son with significant physical and mental impairments due to a motor vehicle accident, but he is not living in the rental unit.
Decision Summary
The tenancy is terminated unless the Tenant pays $17,445.60 to void the order by June 16, 2023. If the Tenant does not pay this amount, the Tenant must vacate the unit by June 16, 2023 and pay the Landlord $13,234.80, which includes rent arrears and the filing fee, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Lawful Rent
$1,923
Rent Arrears
$15,337
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$46
Total Owing
$13,235 (Owed to Landlord)
Source
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