Sivon Investments Inc. v Atkinson - LTB Ruling on Non-Payment of Rent
Landlord granted eviction order against Waterloo tenant for non-payment of $7250 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 148 Bridgeport Road East, Waterloo, ON N2J 2K4
Decision in favor of
landlord
Balance Owed to Landlord
$6,403
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jul 9, 2024
Tenancy End Date
Aug 2024
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 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
- Rental unit is a bedroom in a rooming house
- N4 notice properly identified the rental unit
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession at hearing date
- Lawful rent is $500 per month, due on 1st
- Tenant paid $600 since application filed
- Rent arrears to hearing date are $7,250
- Landlord incurred $186 application fee
- Landlord holds $500 rent deposit with $48.98 interest
Arguments and Actions
Landlord
Arguments
Landlord sought a standard order for termination and eviction.
Tenant
Arguments
Tenant sought an adjournment and a payment plan, arguing they were on social assistance and had limited income.
Actions
Tenant disputed the quantum of arrears owed and provided screenshots from their banking app, but these did not support their claim of additional payments.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $8,436 by July 31, 2024 or $8,936 by August 31, 2024. If the Tenant does not void the order, they must vacate the unit by August 31, 2024 and pay the Landlord $6,403.46, which includes rent arrears and the application fee, minus the rent deposit and interest.
Reason for Eviction Relief
Tenant is on social assistance and has limited income, so a slightly longer delay is appropriate to allow the Tenant additional time to pay the arrears or secure alternate accommodation.
Adjudicator Details
LTB Member
Total Orders
35
Landlord Favorable
85.7%
Tenant Favorable
14.3%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$500
Rent Arrears
$7,250
Application Fee
$186
Rent Deposit
$500
Deposit Interest
$49
Total Owing
$6,403 (Owed to Landlord)
Source
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