Landlord Wins Non-payment Case: Cairns v Lister 2023
Waterloo tenants given chance to void eviction for $20950 in rent arrears, otherwise owe $17896
Summarized by RentZenLast updated: September 12, 2024
Case Summary
44 Bluevale St N, Waterloo, ON N2J4L8
Decision in favor of
landlord
Balance Owed to Landlord
$17,896
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 25, 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 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
Tenant
Actions
Tenants have two children living in the household and have a minimal household income. They requested as much time as possible from the hearing date if the tenancy were to be terminated.
Decision Summary
The tenancy will be terminated on May 6, 2023 unless the tenants pay $23,286 by April 30, 2023 or $25,436 by May 6, 2023 to void the order. If the tenants do not make the required payment, they must vacate the unit by May 6, 2023 and pay the landlord $17,896.20 in rent arrears and application costs.
Adjudicator Details
LTB Member
Total Orders
103
Landlord Favorable
94.2%
Tenant Favorable
1.9%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,150
Rent Arrears
$20,950
Application Fee
$186
Rent Deposit
$2,150
Total Owing
$17,896 (Owed to Landlord)
Source
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