Landlord Wins Non-payment Case: S Four Inc. v Mustafa 2023
Waterloo tenant ordered to pay $12047 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
499 Albert St, Waterloo, ON N2L5A7
Decision in favor of
landlord
Balance Owed to Landlord
$12,047
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Feb 2023
Order Date
May 5, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $9,000 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Landlord was entitled to the rent arrears up to the hearing date, minus the rent deposit and interest on the deposit. The Landlord was also entitled to the cost of filing the application.
Arguments and Actions
Landlord
Actions
Landlord's evidence that the Tenant only has approximately $620.00 after her monthly expenses excluding rent, which is less than half of the monthly rent.
Tenant
Actions
Tenant testified that when she is working, she is employed as a cleaner, but lost her job due to absences required to care for her three children, ages 7, 6, and 4 and a half.
Decision Summary
The tenancy will be terminated on May 20, 2023 unless the Tenant pays $17,208.40 to void the order and continue the tenancy. If the Tenant does not pay, they must vacate the unit by May 20, 2023 and pay the Landlord $12,047.20, plus daily compensation of $56.56 from February 28, 2023 until the move-out date.
Reason for Eviction Relief
due to the date of this order and the fact that the tenant has three young children
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,720
Rent Arrears
$22,602
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$40
Total Owing
$12,047 (Owed to Landlord)
Source
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