Landlord Wins Eviction Case Against Tenants Owing $16426 in Rent Arrears: Macdonald v Nagy 2022
Cambridge landlord evicts tenants owing $15332 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
206 Montrose Street South, Cambridge, ON N3H2J2
Decision in favor of
landlord
Balance Owed to Landlord
$15,332
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2020
Hearing Date
Dec 2021
Order Date
Jan 6, 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 Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet a condition specified in a previous order issued by the Board.
Determinations
- Tenancy is no longer viable, and eviction is the appropriate remedy
- Tenants did not provide any documentary evidence of income or ability to pay rent going forward
- Tenants failed to pay $856.34 on or before August 15, 2021, and failed to pay rent for September 2021 by September 1, 2021
- Tenants have not made any payments since June 11, 2021, and their arrears have substantially increased
Case Study
The Tenants have not demonstrated an ability to pay the rent as it becomes due and owing, and the appropriate remedy is eviction.
Arguments and Actions
Landlord
Arguments
Landlord submits that the Tenants should be evicted as the arrears are now more than $16,000.00, and the Tenants have not provided any documentary proof of jobs or income.
Tenant
Arguments
Tenant said he now has a new job and his brother is contributing to the rent, but he has not yet paid it to the Landlord. Tenant wants to stay in the rental unit and said he put aside the money to pay the Landlord, but has not yet paid it because he did not know how the hearing would go.
Actions
Tenant said he has not made a payment since June 11, 2021 and admits the breach alleged by the Landlord.
Decision Summary
The tenancy is terminated, and the Tenants must vacate the rental unit by January 17, 2022. The Tenants must pay the Landlord $15,332.58, plus $35.92 per day for compensation for use of the unit starting January 7, 2022 until the date they move out. If the full amount is not paid by January 17, 2022, the Tenants will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,092
Rent Arrears
$16,426
Rent Deposit
$1,092
Deposit Interest
$1
Total Owing
$15,332 (Owed to Landlord)
Source
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