Starlight Canadian Residential Growth Fund v Fowler - LTB Ruling on Non-payment of Rent
Landlord wins eviction order against St. Catharines tenant for $441 in unpaid rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
414 24 Ida St, St Catharines, ON L2R3X5
Decision in favor of
landlord
Balance Owed to Tenant
-$772
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
May 23, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant challenged the lawful rent amount charged by the Landlord.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $960.04 per month
- Rent arrears owing to May 31, 2024 is $441.06
- Landlord incurred $186 application filing fee
- Tenant paid $4,743.45 since application filed
- Tenant entitled to $31.39 interest on rent deposit
Arguments and Actions
Tenant
Arguments
Tenant challenged the lawful rent charged by the Landlord.
Decision Summary
The tenancy is terminated unless the Tenant pays $627.06 by May 31, 2024 or $1,587.10 by June 3, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by June 3, 2024. The Landlord is entitled to daily compensation of $31.56 for the Tenant's continued occupation after May 16, 2024.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$960
Rent Arrears
$441
Application Fee
$186
Rent Deposit
$913
Deposit Interest
$31
Total Owing
-$772 (Owed to Tenant)
Source
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