Landlord Wins Rent Arrears and Utility Costs Case: Rohra v Harris-Cunningham 2024
Brampton landlord wins $26186 judgment against tenants for rent arrears and unpaid utilities, tenancy terminated
Summarized by RentZenLast updated: November 3, 2024
Case Summary
70 Seahorse Avenue, Brampton, ON L6V 4N8
Decision in favor of
landlord
Balance Owed to Landlord
$26,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 6, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for substantially interfering with the Landlord's reasonable enjoyment of the rental unit. The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket expenses for unpaid utility costs.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $3,250 per month
- Tenants have not made any payments since application filed
- Rent arrears to hearing date are $19,500
- Landlord incurred $186 in application filing fees
- Landlord holds $3,250 rent deposit with $133.56 interest
- Landlord proved Tenants failed to pay utility costs
- Landlord incurred $2,712.31 in unpaid utility costs
Arguments and Actions
Tenant
Actions
Tenant Dawn Shawnee Harris testified about various issues she had, including a mental breakdown, a miscarriage, and a coyote attack. She asked for a couple of weeks to vacate the unit.
Decision Summary
The Landlord's applications were granted. The tenancy is terminated unless the Tenants void the order by paying $26,186 by June 30, 2024. If the Tenants do not void the order, they must vacate the unit by June 30, 2024 and pay the Landlord $15,403.14 in rent arrears and application fees. The Tenants must also pay the Landlord $2,712.31 for unpaid utility costs. Eviction is postponed to June 30, 2024 to allow the Tenants to vacate.
Reason for Eviction Relief
Tenant's personal circumstances, including mental health issues and domestic situation
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$3,250
Rent Arrears
$19,500
Application Fee
$186
Rent Deposit
$3,250
Deposit Interest
$134
Other Owed Amount
$2,712
Unpaid utility costs
Total Owing
$26,186 (Owed to Landlord)
Source
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