Landlord Wins Eviction Case Against Uncooperative Tenants in Cambridge, Ontario: Waterloo Region Housing v Power and Graham 2021
Landlord wins eviction case against uncooperative tenants who failed to pay $14399 in rent in Cambridge, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 86 Elgin Street S, Cambridge, ON N1R5G5
Decision in favor of
landlord
Balance Owed to Landlord
$13,275
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2020
Hearing Date
Nov 2020
Order Date
Apr 22, 2021
Tenancy End Date
May 2021
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenants were uncooperative during the hearing, interrupting proceedings and refusing to answer questions. The Tenants also failed to submit the required form to raise issues under section 82 of the Act. As a result, the adjudicator removed the Tenants from the hearing and issued the standard order as requested by the Landlord.
Arguments and Actions
Tenant
Actions
The Tenants failed to pay the full rent that was owed.
Procedural Errors
The Tenants failed to submit the required form to raise issues under section 82 of the Act, despite the passage of time between the application being filed and the hearings.
Aggravating Factors
The Tenants were entirely uncooperative during the hearing, interrupting proceedings, yelling insults, and refusing to answer questions.
Decision Summary
The tenancy is terminated effective May 3, 2021. The Tenants are ordered to pay $13,274.79 to the Landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $27.85 per day for compensation for use of the unit starting April 23, 2021 until they move out. If the Tenants do not pay the full amount by May 3, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by May 3, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.
Adjudicator Details
LTB Member
Total Orders
313
Landlord Favorable
82.8%
Tenant Favorable
11.8%
Mutual Agreement
5.4%
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Financial Details
Rent Arrears
$14,399
Application Fee
$175
Rent Deposit
$847
Deposit Interest
$21
Total Owing
$13,275 (Owed to Landlord)
Source
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