Landlord Wins Non-payment Case: Skyline Living v Ajala 2024
Chatham tenant faces eviction for non-payment of rent, owes $2193 to landlord
Summarized by RentZenLast updated: November 3, 2024
Case Summary
805 Grand Ave W, Chatham, ON N7L4M5
Decision in favor of
landlord
Balance Owed to Landlord
$2,193
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Jan 2024
Order Date
Apr 12, 2024
Tenancy End Date
Apr 2024
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 on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,325.18 due on 1st of each month
- Tenant paid $3,950.18 since application filed
- Rent arrears owing to 2024-01-31 are $4,018.11
- NSF charges related to preauthorized withdrawals, not NSF cheques, so denied
- Landlord incurred $186 application filing fee
- Tenant paid $1,313.16 rent deposit, with $26.08 interest owing to Tenant
- Relief from eviction under s.83 would be unfair
Decision Summary
Unless the Tenant voids the order by paying $8,179.65 by April 23, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $2,193.24, which includes rent arrears, application fee, and NSF charges, minus the rent deposit and interest. The Tenant must also pay daily compensation of $43.57 from January 16, 2024 until the Tenant vacates the unit.
Adjudicator Details
LTB Member
Total Orders
1055
Landlord Favorable
94.6%
Tenant Favorable
2.6%
Mutual Agreement
2.8%
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Financial Details
Lawful Rent
$1,325
Rent Arrears
$4,018
Application Fee
$186
Rent Deposit
$1,313
Deposit Interest
$26
Total Owing
$2,193 (Owed to Landlord)
Source
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