Landlord Wins Eviction Case Against Non-Paying Tenant in Cambridge, Ontario: BJL Cambridge Corp. v Simpell 2021
Cambridge landlord awarded $9744 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 7 Warnock Street, Cambridge, ON N1R2A7
Decision in favor of
landlord
Balance Owed to Landlord
$9,930
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Jun 2021
Order Date
Jul 29, 2021
Tenancy End Date
Aug 2021
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 remained in possession of the rental unit.
Determinations
- Tenant has not paid rent from August 1, 2020 to June 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $817.20
- Landlord not holding last month's rent deposit
- Tenant made no payments since application filed
Case Study
The Landlord satisfied the obligation under subsection 83(6) of the Act to attempt to negotiate repayment of the arrears with the Tenant. However, the Tenant's repayment proposal of $1,200 per month would take approximately 2 years to repay the $9,744.46 in arrears, which is an unreasonably long duration and unfair to the Landlord. The rental unit is no longer affordable for the Tenant, whose income from Ontario Works is insufficient to cover the $817.20 monthly rent.
Arguments and Actions
Landlord
Arguments
Landlord opposed Tenant's repayment proposal as the $9,744.46 in arrears were significant and the 2-year repayment plan was unfair.
Actions
Landlord attempted to negotiate repayment of arrears with Tenant.
Tenant
Arguments
Tenant sought a repayment plan for the arrears, proposing to pay $1,200 per month.
Actions
Tenant was in jail until July 2020, was embarrassed about rent arrears and did not respond to Landlord's calls, but has since started speaking with Landlord about repayment plan.
Decision Summary
The tenancy is terminated effective August 9, 2021. The Tenant must pay the Landlord $9,744.46 in rent arrears and compensation, plus $26.87 per day starting July 30, 2021 until the Tenant vacates. The Tenant must also pay the $186 application fee. If the Tenant does not pay the full amount by August 9, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$817
Rent Arrears
$9,744
Application Fee
$186
Total Owing
$9,930 (Owed to Landlord)
Source
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