Landlord Wins Eviction Case Against Tenants Owing $9000 in Rent Arrears: Susiwala v Inacio 2021
Landlord awarded $9000 in rent arrears, tenants ordered evicted in Cambridge dispute
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2 Brown Street, Cambridge, ON N3H5T5
Decision in favor of
landlord
Balance Owed to Landlord
$7,023
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2020
Hearing Date
Sep 2021
Order Date
Sep 16, 2021
Tenancy End Date
Sep 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenant owed over $9,000 in rent arrears.
Determinations
- Tenant owes over $9,000 in rent arrears
- Tenant's proposed payment plan of over 3.5 years is unfair to Landlord
- Tenant's reasons for arrears were contradictory and lacked evidence
- Standard order terminating tenancy unless full arrears paid in 11 days
Case Study
The Tenant proposed a lengthy payment plan of over 3.5 years, which the adjudicator found to be unfair to the Landlord. The Tenant gave contradictory reasons for the rent arrears, including complaints about the Landlord and reduced income during the COVID-19 pandemic, but did not provide evidence to support a reasonable payment plan.
Arguments and Actions
Tenant
Arguments
Tenant claimed he withheld rent due to complaints about the Landlord, but did not file a counter-claim, and also claimed reduced income during COVID-19 but provided no evidence.
Actions
Tenant proposed a 3.5 year payment plan for over $9,000 in arrears, which the adjudicator found to be unfair to the Landlord.
Decision Summary
The tenancy is terminated effective September 27, 2021 unless the Tenants pay the full arrears of $9,276 by that date. If the Tenants do not pay, the Landlord may file the order with the Sheriff to enforce the eviction. The Tenants are also ordered to pay $49.15 per day in compensation from September 17, 2021 until they vacate.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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Financial Details
Rent Arrears
$17,182
Application Fee
$186
Rent Deposit
$1,495
Total Owing
$7,023 (Owed to Landlord)
Source
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