Landlord Wins Rent Arrears Case Against Tenant in Guelph: Scapin v Lewis 2022
Landlord Wins Rent Dispute Against Tenant in Guelph LTB Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
171 Alice Street, Guelph, ON N1E3A3
Decision in favor of
landlord
Balance Owed to Landlord
$1,737
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2020
Hearing Date
Oct 2021
Order Date
Jan 7, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and wilful or negligent damage to the rental unit or residential complex. The Landlord served a valid Notice of Termination for non-payment of rent, but the second notice for wilful or negligent damage was deemed void as the Landlord did not provide the required first notice.
Determinations
- Landlord did not provide required first notice for wilful/negligent damage
- Landlord holds $900 rent deposit
- Landlord incurred $201 in filing costs
- Lawful monthly rent is $920
- Rent arrears as of hearing date were $1,000
- Tenant did not pay rent from May 1, 2020 to October 31, 2021
- Tenant is in possession of the rental unit
- Tenant paid $15,680 after application was filed
Case Study
The Landlord's application for termination due to wilful or negligent damage was dismissed as the required first notice was not provided. However, the Landlord was granted an order to terminate the tenancy due to non-payment of rent, with the Tenant ordered to pay the outstanding amount.
Arguments and Actions
Landlord
Procedural Errors
Landlord did not provide required first notice for wilful/negligent damage application
Tenant
Actions
Tenant did not pay full rent arrears and vacated the rental unit.
Decision Summary
The tenancy is terminated effective January 18, 2022, unless the Tenant pays $3,361 (less any payment made after October 29, 2021) to void the eviction order. The Tenant must also pay $1,737.42 (less any payment made after October 29, 2021) plus $30.25 per day starting January 8, 2022 if the tenancy is terminated.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$920
Rent Arrears
$1,000
Application Fee
$201
Rent Deposit
$900
Deposit Interest
$44
Other Owed Amount
$20
NSF Fees
Total Owing
$1,737 (Owed to Landlord)
Source
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