Wufeng Group Corp v Mcfadden - LTB Ruling on Eviction for Non-payment and Smoking
Landlord wins eviction case against Sudbury tenant for $14000 in rent arrears and smoking violations
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 124 Cedar St, Sudbury, ON P3E1B4
Decision in favor of
landlord
Balance Owed to Landlord
$11,570
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 2, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to rent arrears, substantial interference with the reasonable enjoyment of the complex, and damage to the property. The Landlord served valid N4 and N5 notices, but the Tenant did not void the notices or respond to the Landlord's attempts to communicate.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,400 per month
- Tenant has not made any payments since application
- Rent arrears of $14,000 as of hearing date
- Landlord incurred $186 in application filing fees
- Landlord holds $1,400 rent deposit
- Tenant violated no-smoking policy
- Landlord's efforts to communicate with Tenant were unsuccessful
- Eviction is appropriate, no relief granted
Arguments and Actions
Landlord
Actions
Landlord installed no-smoking signs, served valid N4 and N5 notices, and repeatedly attempted to communicate with the Tenant about the issues.
Tenant
Actions
Tenant continued to smoke in the unit despite the no-smoking policy, and denied smoking when confronted by the Landlord's witness.
Decision Summary
The tenancy is terminated. The Tenant must pay the Landlord $11,570.12, which includes rent arrears and application filing fees, minus the rent deposit. The Tenant must also pay daily compensation of $46.03 starting June 5, 2024 until the unit is vacated. If the Tenant does not pay the full amount by July 13, 2024, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
91.7%
Tenant Favorable
0.0%
Mutual Agreement
8.3%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$14,000
Application Fee
$186
Rent Deposit
$1,400
Total Owing
$11,570 (Owed to Landlord)
Source
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