Landlord Wins Non-payment Case: Marchand v Smith 2023
Cambridge tenants evicted for non-payment of rent, owe $10325 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
47 Haddington St, Cambridge, ON N1R3P8
Decision in favor of
landlord
Balance Owed to Landlord
$10,325
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Aug 24, 2023
Tenancy End Date
Sep 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.
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 Landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants have not paid rent since the application was filed.
Decision Summary
The tenancy will be terminated on September 4, 2023 if the Tenants do not pay $17,976.60 by August 31, 2023 or $19,966.60 by September 4, 2023 to void the order. If the tenancy is terminated, the Tenants must pay $10,325.13 to the Landlord.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,990
Rent Arrears
$15,920
Application Fee
$186
Rent Deposit
$1,990
Deposit Interest
$84
Total Owing
$10,325 (Owed to Landlord)
Source
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