Landlord Wins Non-payment Case: 390 Dufferin GP Inc v Sharmin 2023
Toronto tenants evicted for non-payment of rent, owe $10997 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 410 Dufferin St, Toronto, ON M6K0H1
Decision in favor of
landlord
Balance Owed to Landlord
$10,997
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Tenancy End Date
Aug 2023
Hearing Date
Oct 2023
Order Date
Oct 17, 2023
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 August 31, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-08-31
- 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 vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out 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
Tenant Sharmin submits that she has paid her half of the rent and that the arrears owing are the result of Tenant Withers failing to pay her half of the rent. She takes the position that the Landlord ought to have taken greater steps in letting her know that there were arrears owing.
Decision Summary
The tenancy was terminated effective August 31, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $10,996.97 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,606
Rent Arrears
$13,425
Application Fee
$186
Rent Deposit
$2,571
Deposit Interest
$43
Total Owing
$10,997 (Owed to Landlord)
Source
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