Starlight Canadian Residential Growth Fund III v Francis-Ransome - LTB Ruling on Non-Payment of Rent
Landlord wins eviction case against tenant who failed to pay rent under mediated settlement, tenant ordered to pay over $14500
Summarized by RentZenLast updated: September 12, 2024
Case Summary
304 Nonquon Road, Oshawa, ON L1G3S7
Decision in favor of
landlord
Balance Owed to Landlord
$14,575
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2023
Hearing Date
Jun 2023
Order Date
Jul 19, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet certain conditions specified in a mediated settlement agreement. The Tenant failed to pay rent and arrears by the agreed upon due dates.
Determinations
- Landlord is Starlight Canadian Residential Growth Fund III
- Tenant failed to pay rent for April 2023 by April 1, 2023
- Tenant failed to pay $400 towards arrears on March 15, 2023
- Tenant failed to pay rent for March 2023 by March 1, 2023
- Tenant failed to pay $400 towards arrears on February 15, 2023
- Tenant failed to pay rent for February 2023 by February 1, 2023
- Tenant has only made one payment of $3,800 on June 8, 2023
Case Study
The Tenant failed to meet the conditions of the mediated settlement agreement by not paying rent and arrears by the due dates. The Landlord is entitled to terminate the tenancy and evict the Tenant, as well as receive the outstanding rent and arrears.
Arguments and Actions
Tenant
Actions
Tenant testified that when the new Landlord took over, she was sent a new account number to pay rent, but her father passed away in December 2022 which was a difficult time for her. Tenant offered a payment plan to pay regular rent on time and an additional $600 per month towards arrears.
Decision Summary
The tenancy is terminated effective August 31, 2023. The Tenant must pay the Landlord $14,575.05 plus $61.69 per day starting July 20, 2023 until the Tenant vacates the unit. If the Tenant does not pay the full amount by July 30, 2023, the Tenant will owe interest at 6% annually on the outstanding balance.
Reason for Eviction Relief
Eviction postponed until August 31, 2023 to allow Tenant to find new unit
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Arrears
$14,575
Total Owing
$14,575 (Owed to Landlord)
Source
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