Landlord Wins Eviction Case: Reitano v Wood 2024
Ottawa landlord wins eviction case, tenant ordered to pay $19538 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 1259 Summerville Ave, Ottawa, ON K1Z8G6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jan 2024
Hearing Date
Apr 2024
Order Date
May 1, 2024
Tenancy End Date
May 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order, including failing to pay $1,000 towards rent arrears and failing to pay the monthly rent as it came due.
Determinations
- Tenant failed to pay $1,000 towards arrears by December 15, 2023 and failed to pay monthly rent as due
- Application filed within 30 days of breach, despite being filed 31 days after
- Application properly filed under section 78 of the Act
- Tenant ordered to pay $13,786 in arrears from previous order, plus $5,752.12 in new arrears
- Tenant to pay daily compensation of $53.42 starting April 17, 2024 until move-out
- Relief from eviction under section 83 of the Act would be unfair
Arguments and Actions
Tenant
Actions
Tenant failed to pay $1,000 towards arrears by December 15, 2023 and failed to pay monthly rent as due.
Decision Summary
The tenancy is terminated, and the Tenant must vacate the unit by May 12, 2024. The Tenant must pay the Landlord $19,538.12 in rent arrears, plus $53.42 per day in compensation starting April 17, 2024 until the Tenant moves out. The Landlord's application was properly filed, and relief from eviction under section 83 of the Act would be unfair.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
82.9%
Tenant Favorable
13.4%
Mutual Agreement
3.6%
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Financial Details
Lawful Rent
$1,625
Rent Arrears
$19,538
Total Owing
$19,538 (Owed to Landlord)
Source
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