Landlord Wins Non-payment Case: Soomal v Pires 2023
Cambridge tenant evicted for non-payment of rent, owes $15045 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
14 Close Avenue, Cambridge, ON N1R2R4
Decision in favor of
landlord
Balance Owed to Landlord
$15,045
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Apr 2023
Order Date
Oct 16, 2023
Tenancy End Date
Oct 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord 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 on the hearing date.
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
- Tenant paid $2,450 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit on the hearing date, and the Landlord was entitled to the rent arrears up to the hearing date, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy will be terminated on October 27, 2023 if the Tenant does not pay $15,045 to void the order. If the Tenant does not void the order, they must pay $3,196.52 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $54.38 for each day of occupation starting April 26, 2023 until they move out.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,654
Rent Arrears
$4,918
Application Fee
$201
Rent Deposit
$1,595
Deposit Interest
$35
Total Owing
$15,045 (Owed to Landlord)
Source
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