Landlord Wins Non-payment Case: White v Shacter 2024
North Bay tenants face eviction for non-payment of $20182 in rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
4-40 Judge Ave, North Bay, ON P1A1B4
Decision in favor of
landlord
Balance Owed to Landlord
$20,182
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 9, 2024
Tenancy End Date
Jul 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. The tenants were still in possession of the rental unit at the time of the hearing.
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 application filed
Arguments and Actions
Landlord
Actions
Landlord sent reminder notices advising of the arrears and requesting a payment plan, but Tenant was unable to provide one.
Tenant
Actions
Tenant disclosed monthly income of $2,149 from ODSP, which has been reduced. Tenant stated they cannot afford to pay the lawful rent or provide a payment plan.
Decision Summary
The tenancy will be terminated on July 31, 2024 unless the Tenant pays $22,611 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $20,181.78 to the Landlord and vacate the unit by July 31, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Sheriff to enforce the eviction.
Reason for Eviction Relief
Tenant's disclosed circumstances, including reduced ODSP income and health issues
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,725
Rent Arrears
$20,700
Application Fee
$186
Total Owing
$20,182 (Owed to Landlord)
Source
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