Landlord Wins Non-payment Case: 2568466 Ontario Limited v Smith 2022
Toronto landlord wins $5385 in rent dispute, tenants evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 116 Spencer Ave, Toronto, ON M6K2J6
Decision in favor of
landlord
Balance Owed to Landlord
$5,385
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Tenancy End Date
May 2022
Hearing Date
Jul 2022
Order Date
Oct 26, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 had vacated the rental unit on May 9, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2022-05-09
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the rent arrears. The Tenants were in possession of the rental unit on the date the application was filed. The Tenants vacated the rental unit on May 9, 2022. The lawful rent was $1,250 per month, due on the 1st of each month. The Tenants have not made any payments since the application was filed. The rent arrears owing up to May 9, 2022 are $6,449.99. The Landlord incurred $186 in application filing fees. The Landlord collected a $1,250 rent deposit from the Tenants, which is applied to the arrears.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on May 9, 2022 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective May 9, 2022, the date the tenants vacated the rental unit. The tenants are ordered to pay $5,385.99 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit.
Adjudicator Details
LTB Member
Total Orders
56
Landlord Favorable
60.7%
Tenant Favorable
19.6%
Mutual Agreement
19.6%
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Financial Details
Lawful Rent
$1,250
Rent Arrears
$6,449
Application Fee
$186
Rent Deposit
$1,250
Total Owing
$5,385 (Owed to Landlord)
Source
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