Landlord Wins Non-payment Case: Winston Harriott v Shaunessy Pearson 2023
Brantford tenant evicted for non-payment of rent, owes $5186 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 204 Wellington St, Brantford, ON N3S3Z2
Decision in favor of
landlord
Balance Owed to Landlord
$5,186
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
May 19, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on hearing date
- Lawful rent is $400 due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date and the cost of filing the application.
Decision Summary
The tenancy is terminated unless the tenant pays $5,186 to void the order and continue the tenancy by May 30, 2023. If the tenant does not pay, the tenant must move out by May 30, 2023 and pay $4,930.65 to the landlord, plus daily compensation of $13.15 per day starting May 12, 2023 until the tenant moves 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
$400
Rent Arrears
$5,000
Application Fee
$186
Total Owing
$5,186 (Owed to Landlord)
Source
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