Landlord Wins Eviction Case: O'neill v Abar 2024
Barrie tenants ordered to pay $13649 or vacate by February 16, 2024 for non-payment and persistent late payment of rent
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2 Cumberland St, Barrie, ON L4N2P6
Decision in favor of
landlord
Balance Owed to Landlord
$13,649
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Jan 9, 2024
Tenancy End Date
Feb 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, which the Tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $1,280 per month
- Tenants paid $900 since application filed
- Rent arrears of $15,680 as of November 30, 2023
- Landlord incurred $186 in application filing fees
- Landlord holds $1,250 rent deposit plus $65.34 interest
Arguments and Actions
Landlord
Arguments
Landlord submitted that the tenancy is not viable as the Tenants' monthly income is less than their expenses, and he has no faith the Tenants will ever pay the arrears.
Actions
Landlord refused the Tenant's proposed payment plan, stating 8 years was unreasonable. Landlord submitted that due to high interest rates, his mortgage has increased by $2,000 per month.
Tenant
Arguments
Tenant L.G. proposed a payment plan to pay an additional $200 per month towards arrears, which would take approximately 8 years to pay off. Tenant also requested 90 days to vacate due to health issues.
Actions
Tenants have persistently paid rent late since the N8 notice was served.
Decision Summary
The tenancy is terminated unless the Tenants pay $18,426 by January 31, 2024 or $19,706 by February 16, 2024 to void the order. If the Tenants do not void the order, they must vacate the unit by February 16, 2024 and pay the Landlord $13,649.38 plus daily compensation of $42.08 from November 10, 2023 until they move out.
Reason for Eviction Relief
Considering the Tenants' health issues and inability to afford the arrears, a postponement of the eviction to February 16, 2024 is appropriate.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,280
Rent Arrears
$15,680
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$65
Total Owing
$13,649 (Owed to Landlord)
Source
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