Landlord Wins Eviction Case Against Single Mother Tenant: Lusitania Villas of Cambridge Inc. v Rees 2022
LTB Rules in Favor of Landlord in Cambridge Eviction Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
72, 95 Morningcalm Dr, Cambridge, ON N1R8H7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Application Date
Aug 2022
Hearing Date
Nov 2022
Order Date
Dec 12, 2022
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.
Determinations
- Board records show notice of hearing was mailed to Tenant
- Landlord testified he personally delivered notice to Tenant's locked mailbox
- Notice deemed received 5 days after mailing
- Tenant acknowledged receiving mail in July 2022
- Tenant says she did not receive notice of hearing
Case Study
The Tenant was deemed to have received proper notice of the hearing on August 3, 2022 and therefore would have been aware of the upcoming hearing and reasonably able to participate in the hearing. The Tenant's review was denied.
Arguments and Actions
Landlord
Arguments
Landlord submitted that the arrears are substantial and requested that the stay of Order LTB-L-005021-22 be lifted shortly after January 1, 2023.
Tenant
Actions
Tenant is a single mother of 4 children and will require additional time, at least into the new year, to find alternate accommodations.
Decision Summary
The request to review order LTB-L-005021-22 issued on August 29, 2022 is denied. The order is confirmed and remains unchanged. The interim order issued on October 4, 2022 is cancelled. The stay of order LTB-L-005021-22 is lifted effective January 31, 2023.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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