Landlord Wins Eviction Case: Yang v Schulz-Lacey 2024
East Gwillimbury tenants face eviction for non-payment and persistent late payment of $32793 in rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
18 Clifford Fairbarn Dr, East Gwillimbury, ON L9N0S1
Decision in favor of
landlord
Balance Owed to Landlord
$32,793
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Hearing Date
Jan 2024
Order Date
May 31, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenants did not void the notices by paying the arrears. The Tenants had not paid rent on time for 12 months prior to the application and continued the pattern after the application was filed.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void N4 notice by paying arrears
- Tenants still in possession on hearing date
- Lawful rent is $2,800 due on 15th of each month
- Tenant paid $4,509.45 since application filed
- Rent arrears to Feb 14, 2024 are $21,407.30
- Landlord incurred $186 application filing fee
- Landlord holds $2,100 rent deposit with $210.03 interest
- Landlord did not serve N5 notice for water arrears of $1,845.91
Arguments and Actions
Landlord
Actions
Landlord's Legal Representative testified there was communication between the Landlord and Tenants to establish a repayment plan, but no commitment was provided by the Tenants. Landlord sought a standard eviction order, arguing the arrears are substantial and the Landlord is under considerable financial pressure.
Tenant
Arguments
Tenants sought a conditional order in the form of a $750 monthly payment plan, arguing they have a monthly income surplus of $934.
Actions
Tenants were unable to commit to a specific repayment amount in prior discussions with the Landlord as their financial circumstances had changed, but were prepared to make some effort to repaying the arrears. Tenant Kristen Schulz-Lacey had an unexpected medical issue resulting in surgery in November 2023 and was unable to work for 8 weeks, but has since returned to work full-time.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent and persistent late payment of rent was granted. The Tenants may void the order by paying $32,793.30 by June 11, 2024 or $35,593.30 by June 30, 2024. If the Tenants do not void the order, the tenancy will be terminated, and the Tenants must vacate the unit by June 30, 2024. The Tenants were ordered to pay the Landlord $16,667.37 if the order is not voided.
Reason for Eviction Relief
To allow Tenants additional time to find new accommodation
Adjudicator Details
LTB Member
Total Orders
48
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,800
Rent Arrears
$21,407
Application Fee
$186
Rent Deposit
$2,100
Deposit Interest
$210
Other Owed Amount
$1,846
Water arrears
Total Owing
$32,793 (Owed to Landlord)
Source
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