Landlord Wins Eviction Case Against Tenants in Arrears: Jackson v Neely
LTB Ruling: Landlord Wins Eviction in Cambridge Rent Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 43 Todd Street, Cambridge, ON N1R1G6
Decision in favor of
landlord
Balance Owed to Landlord
$12,266
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Aug 2022
Order Date
Sep 6, 2022
Tenancy End Date
Sep 2022
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. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $1,400 rent deposit plus $23.93 interest
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $1,400 due on 1st of each month
- Rent arrears owing to 2022-08-31 are $10,680
- Tenant paid $1,920 since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The payment plan proposed by the Tenant was not reasonable or affordable based on her monthly income and with a roommate's assistance. The Landlord is entitled to a standard order for termination of the tenancy and eviction of the Tenants.
Arguments and Actions
Landlord
Arguments
Landlord submitted that the Tenant's proposed payment plan was not reasonable or affordable based on her financial situation.
Tenant
Actions
Tenant testified that the other Tenant moved out in October 2021, and the Tenant then moved in a boyfriend who had a drug problem and did not contribute to the rent. Tenant's anxiety interfered with her ability to work, and she recently started receiving Ontario Works assistance of $750 per month.
Decision Summary
The tenancy is terminated unless the Tenants pay $12,266 to void the order by 2022-09-17. If the Tenants do not pay this amount, they must vacate the unit by 2022-09-17 and pay the Landlord $8,134.13 plus daily compensation of $46.03 per day from 2022-08-03 until move-out.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,400
Rent Arrears
$10,680
Application Fee
$186
Rent Deposit
$1,400
Deposit Interest
$23
Total Owing
$12,266 (Owed to Landlord)
Source
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