Landlord Wins Eviction Case Against Tenants Unable to Pay Rent: Li v Karwowski 2021
Cambridge tenants ordered to vacate and pay over $15600 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
25 Garth Massey Drive, Cambridge, ON N1T2H2
Decision in favor of
landlord
Balance Owed to Landlord
$15,644
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Apr 2021
Order Date
Apr 22, 2021
Tenancy End Date
May 2021
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.
Determinations
- Tenants have not paid total rent required from December 1, 2019 to April 30, 2021
- Landlord served valid N4 Notice due to arrears
- Outstanding arrears for period ending April 30, 2021 are $17,919.12
- Landlord incurred application filing costs
- Landlord holds $1,700 rent deposit
- Interest on rent deposit owed to Tenants is $65.54
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from December 1, 2019 to April 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective October 6, 2020. The outstanding arrears for the period ending April 30, 2021, are $17,919.12. The Landlord incurred costs for filing the application and is entitled to be reimbursed for those costs. The Landlord collected a rent deposit of $1,700.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from November 1, 2018 to October 6, 2020, in the amount of $65.54.
Arguments and Actions
Tenant
Arguments
Tenant says she needs additional time to find a new place to live because she has some physical disabilities and, as a nurse, she finds that prospective landlords are unwilling to rent to her during the current pandemic.
Actions
Tenant lives alone in the rental unit and simply cannot afford the monthly rent. Tenant is receiving a limited monthly income that is less than the monthly rent she is responsible to pay. Tenant has been unable to make any payments towards the rent for several months and the outstanding arrears are now insurmountable.
Decision Summary
The tenancy is terminated effective May 3, 2021. The Tenants must pay the Landlord $15,644.26, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $57.12 per day for compensation for use of the unit starting April 23, 2021 until they move out. If the Tenants do not pay the full amount by May 3, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by May 3, 2021, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Rent Arrears
$17,919
Application Fee
$186
Rent Deposit
$1,700
Deposit Interest
$66
Total Owing
$15,644 (Owed to Landlord)
Source
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