Osgoode Properties v Charlebois - LTB Ruling on Non-Payment of Rent
Ottawa landlord wins eviction order against tenant who failed to pay $9616 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1209 Frobisher Lane, Ottawa, ON K1G0E6
Decision in favor of
landlord
Balance Owed to Landlord
$7,207
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
May 3, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Tenant sought to raise s.82 issues but did not comply with requirements
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Tenant provided N9 notice to end tenancy on 2024-05-31
- Lawful rent is $1,694 due on 1st of each month
- Rent arrears of $9,616 as of 2024-04-30
- Landlord incurred $186 application filing fee
- Tenant paid $458 since application filed
- Landlord holds $1,694 rent deposit plus $42.23 interest
Arguments and Actions
Tenant
Procedural Errors
The Tenant failed to comply with the requirements under s.82(2) of the Act and Rule 19 to provide advance written notice and evidence to the Landlord and the Board regarding the issues he sought to raise.
Aggravating Factors
The Tenant repeatedly failed to follow the Member's directions, raised his voice, spoke over the Member, used profane language, and engaged in disruptive and disrespectful behavior during the hearing.
Decision Summary
The tenancy will be terminated on May 31, 2024 unless the Tenant voids the order by paying $11,496 by that date. If the Tenant does not void the order, the Tenant must vacate the unit and pay the Landlord $7,207.12 plus daily compensation of $55.69 from April 16, 2024 until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,694
Rent Arrears
$9,616
Application Fee
$186
Rent Deposit
$1,694
Deposit Interest
$42
Administrative Fine Payable to LTB
$100
Total Owing
$7,207 (Owed to Landlord)
Fine Payable By: Tenant
Source
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