Skyline Living v Phillips: Tenant Faces Eviction for Rent Arrears
Port Elgin tenants face potential eviction for $11207 in rent arrears
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 764 Waterloo St, Port Elgin, ON N0H2C2
Decision in favor of
landlord
Balance Owed to Landlord
$9,197
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
Jun 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The application was heard by videoconference, with the Landlord's Agent and one Tenant present.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Lawful rent is $1,867.89
- No payments made since application filed
- Rent arrears as of June 30, 2024 are $11,207.34
Case Study
Tenant Zachary Vanhaelemeesch attempted to be removed from the application, claiming he vacated the unit and terminated his tenancy. However, the Board determined he did not successfully terminate his tenancy due to incomplete documentation.
Arguments and Actions
Landlord
Arguments
Both Tenants remain jointly responsible for lease terms and rent arrears
Actions
Landlord argued Tenant did not complete required documentation to terminate tenancy
Tenant
Arguments
Tenant argued he gave notice on October 10, 2023, and paid rent until December 1, 2023
Actions
Tenant Zachary Vanhaelemeesch claimed he vacated the unit due to a peace bond and attempted to terminate his tenancy
Procedural Errors
Did not complete required documentation to terminate tenancy
Decision Summary
Unless the Tenants void the order by paying $16,997.01 by September 14, 2024, the tenancy will be terminated. If not voided, Tenants must pay $9,197.33 to the Landlord and vacate the unit by September 14, 2024.
Reason for Eviction Relief
Substantial rent arrears
Adjudicator Details
LTB Member
Total Orders
30
Landlord Favorable
80.0%
Tenant Favorable
13.3%
Mutual Agreement
6.7%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,868
Rent Arrears
$11,207
Application Fee
$186
Rent Deposit
$1,819
Deposit Interest
$106
Total Owing
$9,197 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.