Landlord Wins Non-payment Case: Singh v Levac 2023
London tenants evicted for non-payment of rent, owe $7005 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
114 Delaware St, London, ON N5Z2N5
Decision in favor of
landlord
Balance Owed to Landlord
$7,005
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Jul 2023
Order Date
Aug 8, 2023
Tenancy End Date
Aug 2023
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
- 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
- Tenants paid $2,500 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord met their obligation to attempt to negotiate a repayment plan with the tenant. The landlord was entitled to the rent arrears up to the hearing date and the cost of filing the application.
Arguments and Actions
Landlord
Actions
The Landlord's representative testified that they attempted to communicate with the Tenant regarding a repayment of the arrears however the Tenants needed more time and did not come up with a repayment plan.
Tenant
Arguments
The Tenants disputed the amount of the arrears sought by the Landlord as the Tenant had done work on the rental unit and the Landlord had not paid him.
Actions
The Tenants testified that they disputed the amount of the arrears sought by the Landlord as the Tenant had done work on the rental unit and the Landlord had not paid him. The Tenants stated that despite this, they would like to vacate the rental unit.
Decision Summary
The tenancy will be terminated on August 31, 2023 unless the tenants pay $9,761 to void the order and continue the tenancy, or $7,004.96 if the tenancy is terminated. The tenants must also pay daily compensation of $48.49 for each day of occupation starting July 5, 2023 until they move out.
Reason for Eviction Relief
The Tenants advised they could vacate the rental unit as they both had new places to live as of August 31, 2023. The Landlord agreed to this delaying the eviction until August 31, 2023.
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$1,475
Rent Arrears
$8,100
Application Fee
$186
Total Owing
$7,005 (Owed to Landlord)
Source
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