JOY v SCHAAP – LTB Eviction Order for Non-Payment of Rent (London, ON)

Tenancy terminated unless Tenants void the order by paying full arrears plus filing fee.
Tenants must vacate by December 31, 2025 if the order is not voided.
If tenancy is terminated, Tenants owe $8,218.63 plus $82.85/day from November 6, 2025.
Landlord may file with the Court Enforcement Office (Sheriff) on or after January 1, 2026 if unit is not vacated.
Interest at 4.00% per annum applies from January 1, 2026 on any outstanding balance.

Landlord sought termination of tenancy for non-payment of rent at 441 Rippleton Place, London ON.
Tenants acknowledged reviewing the Notice of Hearing but submitted no disclosure or evidence prior to the hearing.
Tenants wished to raise maintenance/repair issues under Section 82 but failed to comply with advance notice requirements.
Tenants cited health issues, financial hardship, and the impact on their children as grounds for an extended eviction timeline.
Landlord argued continued delay caused financial and mental stress, as rent income is relied upon to cover property expenses.

Adjournment request denied: Tenants had approximately 1.5 months notice of the hearing and failed to prepare or submit any materials.
Section 82 issues disallowed: Tenants did not provide written notice of issues or supporting materials to the Landlord at least 7 days before the hearing as required by LTB Rules 19.4 and 19.5.
N4 Notice was valid and Tenants did not void it by paying arrears before the termination date or application filing.
Rent arrears to November 30, 2025 totalled $12,720.00 at a lawful monthly rent of $2,520.00.
Eviction postponed to December 31, 2025 under s.83(1)(b) of the RTA due to the Tenants' personal and financial circumstances and impact on children.
Rent deposit of $2,520.00 and interest of $61.62 deducted from amount owed if tenancy is terminated.
Daily compensation of $82.85 per day applies from November 6, 2025 until the Tenants vacate.

Landlord applied to terminate tenancy and evict Tenants due to unpaid rent totalling $12,720.00 as of November 30, 2025.
Tenants' request for adjournment to seek legal counsel was denied as they had notice of the hearing since September 16, 2025 and failed to submit any disclosure.
Tenants were not permitted to raise Section 82 issues as they failed to provide written notice and materials 7 days in advance of the hearing.
Eviction was postponed to December 31, 2025, considering the impact on the Tenants' children and their community ties.
Tenants may void the eviction order by paying $12,906.00 on or before November 30, 2025, or $15,426.00 on or before December 31, 2025.