Landlord Wins Non-payment Case: Amandeep Phangureh v Devin Roy 2023
Cambridge tenants evicted for $29700 in non-payment of rent, ordered to pay $25507
Summarized by RentZenLast updated: September 12, 2024
Case Summary
5 Sparrow Ave, Cambridge, ON N1T0E5
Decision in favor of
landlord
Balance Owed to Landlord
$25,507
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Apr 28, 2023
Tenancy End Date
May 2023
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,700 due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the hearing date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
Landlord submitted proof the tenant had charged other occupants $900/month to live in the rental unit. Landlord also incurred costs to replace the locks.
Tenant
Actions
Tenant stated he is a contractor and the company he was contracted from went bankrupt, leaving him unable to collect unemployment insurance. His partner is cleaning houses for cash.
Decision Summary
The tenancy will be terminated on May 31, 2023 unless the tenant pays $29,886 by April 30, 2023 or $32,586 by May 31, 2023 to void the order. If the tenant does not pay, they must move out by May 31, 2023 and pay the landlord $25,507.07 plus daily compensation of $88.77 from April 13, 2023 until the move-out date.
Reason for Eviction Relief
The tenant has 4 young children and the eviction is being postponed to the end of the school year.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$29,700
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$64
Total Owing
$25,507 (Owed to Landlord)
Source
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