London Cambridge Dev. Ltd v Roy: Non-payment of Rent Case in Cambridge, ON
Ontario LTB Rules on Rent Arrears: London Cambridge Dev. Ltd v Roy
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 67 Avenue Road, Cambridge, ON N1R2Z9
Decision in favor of
landlord
Balance Owed to Landlord
$9,904
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jun 2021
Hearing Date
Dec 2021
Order Date
Jan 7, 2022
Tenancy End Date
Jan 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant had not paid the total rent required from June 1, 2020 to December 31, 2021. The Landlord served a Notice of Termination effective June 20, 2021.
Determinations
- Interest on rent deposit owed to Tenant from September 19, 2019 to June 20, 2021
- Landlord collected rent deposit of $1,500.00
- Landlord served Notice of Termination effective June 20, 2021
- Lawful monthly rent is $1,533.00
- Tenant has not paid total rent required from June 1, 2020 to December 31, 2021
- Tenant is in possession of the rental unit
- Tenant paid $1,500.00 after application was filed
Case Study
The Tenant could have avoided eviction by paying the full amount owed before the deadline. To turn the decision around, the Tenant should have either paid the arrears in full or negotiated a payment plan with the Landlord before the hearing.
Arguments and Actions
Landlord
Actions
Landlord served a Notice of Termination effective June 20, 2021 due to non-payment of rent.
Tenant
Actions
Tenant failed to pay full rent from June 1, 2020 to December 31, 2021. Tenant made a partial payment of $1,500.00 after the application was filed.
Decision Summary
The tenancy is terminated effective January 31, 2022, unless the Tenant voids the order by paying $12,564.00 to the Landlord or the Board in trust on or before January 31, 2022. The Tenant must pay $9,904.18 plus $50.40 per day starting January 8, 2022, for rent arrears and compensation. If the Tenant does not pay or vacate by January 31, 2022, the Landlord may file for eviction enforcement starting February 1, 2022.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,533
Rent Arrears
$9,703
Application Fee
$201
Rent Deposit
$1,500
Deposit Interest
$34
Total Owing
$9,904 (Owed to Landlord)
Source
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