Landlord Wins Non-payment Case: Clark v Barnes 2023
Cambridge landlords evict tenant for $7160 in unpaid rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 37 Roxboro Rd, Cambridge, ON N1R1H7
Decision in favor of
landlord
Balance Owed to Landlord
$7,160
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jul 17, 2023
Tenancy End Date
Jul 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant 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 Tenant did not attend the hearing to make submissions regarding their unique circumstances to consider any discretionary relief from eviction. The Landlords are on pensions and rely on the rental income, and the lack of payment from the Tenant causes significant prejudice to them.
Arguments and Actions
Landlord
Actions
Landlords are on pensions and rely on the rental income. The lack of payment from the Tenant causes significant prejudice to them.
Tenant
Actions
Tenant did not pay rent and did not attend the hearing.
Decision Summary
The tenancy is terminated unless the Tenant pays $9,336 to void the order by July 28, 2023. If the Tenant does not pay, the Tenant must move out by July 28, 2023 and pay the Landlord $7,159.98 plus daily compensation of $24.66 per day starting May 4, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$750
Rent Arrears
$7,650
Application Fee
$186
Total Owing
$7,160 (Owed to Landlord)
Source
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