Landlord Wins Non-payment Case: Lusitania Villas of Cambridge Inc. v Welsh 2022
Cambridge landlord wins $583 in rent dispute, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
75-95 Morningcalm Drive, Cambridge, ON N1R 8H7
Decision in favor of
landlord
Balance Owed to Landlord
$496
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Sep 2022
Order Date
Oct 6, 2022
Tenancy End Date
Oct 2022
We estimate Application Date using rent arrears.
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
- Landlord incurred $186 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $85 due on 1st of each month
- No last month's rent deposit
- Rent arrears owing to 2022-09-30 are $310
- Tenant did not void notice by paying arrears
- Tenant paid $364 since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant can void the order and continue the tenancy by paying the full amount owing, including any additional rent that became due after the eviction date but before the Sheriff enforces the eviction. The Tenant may only make this motion once during the tenancy.
Decision Summary
The tenancy is terminated unless the Tenant pays $496 by October 20, 2022 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by October 20, 2022 and pay the Landlord $582.91 plus daily compensation of $2.79 per day until move-out.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$85
Rent Arrears
$310
Application Fee
$186
Total Owing
$496 (Owed to Landlord)
Source
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