Landlord Wins Non-payment Case: Wing mo Wu v Stewart Hopkins 2023
Innisfil tenants owe $31600 in rent arrears, face eviction for non-payment
Summarized by RentZenLast updated: September 12, 2024
Case Summary
890 Lebanon Dr, Innisfil, ON L9S2C4
Decision in favor of
landlord
Balance Owed to Landlord
$28,640
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 9, 2023
Tenancy End Date
May 2023
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 is $1,850 due on 1st of each month
- Tenant paid $1,100 since application filed
- Rent arrears owing to May 14, 2023 are $31,600
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears by the termination date in the N4 notice or before the application was filed.
Decision Summary
The tenancy will be terminated on May 20, 2023 unless the tenants pay $31,786 by May 14, 2023 or $33,636 by May 20, 2023 to void the order. If the tenancy is terminated, the tenants must pay $28,639.94 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $60.82 for each day of occupation starting April 25, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,850
Rent Arrears
$31,600
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$54
Total Owing
$28,640 (Owed to Landlord)
Source
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