Landlord Wins Non-payment Case: Pramesh v Edwards 2024
Sarnia tenants given conditional relief, must pay $15186 to avoid eviction for non-payment of $12000 in rent
Summarized by RentZenLast updated: September 23, 2024
Case Summary
1062 Finch Dr, Sarnia, ON N7S6A8
Decision in favor of
landlord
Balance Owed to Landlord
$9,040
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Apr 2024
Order Date
May 21, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and persistent late payment of rent. The Landlords served a valid N4 Notice, and the Tenants did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $3,000 per month
- No 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 still in possession of the rental unit at the time of the hearing. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord's representative requested a standard order.
Actions
Landlord's representative confirmed Tenant failed to disclose outstanding water bills.
Tenant
Arguments
Tenant requested payment plan and delay in eviction to allow children to complete school year.
Actions
Tenant testified that they have not paid rent due to financial hardship after husband lost job in 2020. Family has 6 children aged 8-18 and monthly income of $5,300 from ODSP and child tax benefits.
Decision Summary
The tenancy is terminated unless the Tenants pay $15,186 by May 31, 2024 or $18,186 by June 30, 2024 to void the order. If the Tenants do not pay, they must vacate the unit by June 30, 2024 and pay the Landlord $9,039.70 plus daily compensation of $98.63 from May 1, 2024 until they move out.
Reason for Eviction Relief
Delay eviction to allow Tenants' children to complete school year
Adjudicator Details
LTB Member
Total Orders
16
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$12,000
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$146
Total Owing
$9,040 (Owed to Landlord)
Source
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