Landlord Wins Non-payment Case: Ni v Strain 2021
Cambridge tenants evicted for non-payment of rent, owe $13564 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
139 Green Vista Drive, Cambridge, ON N1T1Y8
Decision in favor of
landlord
Balance Owed to Landlord
$13,564
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Jul 2021
Order Date
Aug 12, 2021
Tenancy End Date
Aug 2021
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 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. The tenants had vacated the rental unit on September 8, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,000 per month
- Landlord holds $2,000 rent deposit
- Interest owed on rent deposit
- Tenants paid $1,450 after application filed
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from November 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 31, 2021. The Tenants are in possession of the rental unit. The lawful monthly rent is $2,000.00. The Landlord collected a rent deposit of $2,000.00 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 April 13, 2020 to January 31, 2021. The Tenants paid $1,450.00 after the application was filed.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective August 23, 2021. The Tenants must pay the Landlord $13,378.06, which includes rent arrears up to August 12, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $65.75 per day for compensation for use of the unit starting August 13, 2021 until they move out. If the Tenants do not pay the full amount by August 23, 2021, they will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
24
Landlord Favorable
95.8%
Tenant Favorable
4.2%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$13,378
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$32
Total Owing
$13,564 (Owed to Landlord)
Source
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