Ontario Aboriginal Housing Services v Kaylee Shipman - LTB Case Study
Landlord wins conditional eviction order against tenants in London for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
302 Richmond Street, London, ON N6A3C2
Decision in favor of
landlord
Balance Owed to Landlord
$5,522
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 29, 2023
Tenancy End Date
Jun 2023
Dispute Summary
The landlord, Ontario Aboriginal Housing Services, applied for an order to terminate the tenancy and evict the tenants, Jacob McCormack and Kaylee Shipman, due to non-payment of rent. The parties participated in LTB-facilitated mediation and reached an agreement.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on or before hearing date
- Lawful rent due on 1st of each month
- Partial payments made since application filed
Case Study
The landlord served a valid N4 notice, and the tenants did not void the notice by paying the rent arrears. The tenants were in possession of the rental unit on the application date, and they had vacated the unit prior to the hearing date. The landlord was entitled to the rent arrears up to the move-out date and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenants have paid $2,825 to the landlord since the application was filed.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the tenants pay $6,296 by May 31, 2023 or $7,449 by June 30, 2023 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $5,522.10 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
15
Landlord Favorable
60.0%
Tenant Favorable
0.0%
Mutual Agreement
40.0%
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Financial Details
Lawful Rent
$1,153
Rent Arrears
$6,110
Application Fee
$186
Total Owing
$5,522 (Owed to Landlord)
Source
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