Landlord Wins Eviction Case: Skyline Living v Johnson 2024
Sault Ste. Marie tenants evicted for non-payment of $33523 in rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
410 MacDonald Ave, Sault Ste. Marie, ON P6B6A7
Decision in favor of
landlord
Balance Owed to Landlord
$33,523
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2022
Hearing Date
Apr 2024
Order Date
May 6, 2024
Tenancy End Date
May 2024
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.
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
- No payments made since October 2022
Case Study
The Tenant failed to comply with the Interim Orders to pay the ongoing rent, so the Tenant was not permitted to raise their section 82 issues regarding disrepair. The Landlord's evidence showed the rent increases were valid, so the N4 Notice was also valid. The Tenant's proposed payment plan was not accepted as the arrears were substantial and the Tenant provided no evidence to substantiate their anticipated income.
Arguments and Actions
Landlord
Arguments
Landlord opposed the Tenants' proposed payment plan and requested a standard eviction order.
Tenant
Arguments
Tenants alleged issues with mold in the rental unit and lack of access to the gym.
Actions
Tenants have not paid rent since October 2022.
Decision Summary
The tenancy will be terminated on May 17, 2024 unless the Tenants pay the full amount owing of $33,522.53 by that date. If the Tenants do not pay the full amount, they must vacate the unit and the Landlord may file the order with the Sheriff for enforcement. The Tenants are also ordered to pay daily compensation of $49.31 for each day of occupation starting April 10, 2024.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$31,837
Application Fee
$186
Rent Deposit
$1,483
Deposit Interest
$7
Total Owing
$33,523 (Owed to Landlord)
Source
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