Landlord Wins Eviction Case: Pak v Frizzell 2024
North Bay tenants face eviction for $45430 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
136 Second Ave E, North Bay, ON P1B1L2
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Jun 2024
Order Date
Jul 2, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
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
- Tenant Tara Mccafferty's tenancy was not terminated before N4 Notice was given
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Decision Summary
The tenancy is terminated unless the Tenants pay $48,416 to void the order by July 13, 2024. If the Tenants do not void the order, they must pay $35,186 to the Landlord and vacate the unit by July 13, 2024. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement starting July 14, 2024.
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,800
Rent Arrears
$45,430
Application Fee
$186
Rent Deposit
$2,800
Deposit Interest
$74
Total Owing
$35,186 (Owed to Landlord)
Source
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