60 WEST STREET HOLDING CORP. v Serre - LTB Case Study
Blind River landlord ordered to pay tenant $1175 after tenant vacated unit without proper notice
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 60 West St, Blind River, ON P0R1B0
Dispute resolved in
agreement
Balance Owed to Tenant
-$1,175
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
May 2023
Tenancy End Date
Aug 2023
Hearing Date
Feb 2024
Order Date
May 3, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant had vacated the rental unit, but the parties disagreed on the date the Tenant ceased to be in possession.
Determinations
- Tenant ceased to be in possession in mid-June 2023
- Tenant responsible for rent until August 31, 2023
- Landlord entitled to rent arrears, NSF charges, and application filing fee
- Landlord owes Tenant amount from rent deposit and interest
Arguments and Actions
Landlord
Actions
Landlord discovered the Tenant had vacated the rental unit when staff conducted a unit inspection on February 6, 2024.
Tenant
Actions
Tenant moved out of the rental unit at the end of May 2023 and returned the keys to the superintendent in mid-June 2023.
Decision Summary
The Tenant ceased to be in possession of the rental unit in mid-June 2023 and is responsible for rent until August 31, 2023. The Landlord is entitled to rent arrears, NSF charges, and application filing fee, but the Landlord owes the Tenant the amount from the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
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Financial Details
Lawful Rent
$1,179
Rent Arrears
$3,544
Application Fee
$186
Rent Deposit
$1,150
Deposit Interest
$25
Other Owed Amount
$45
NSF charges
Total Owing
-$1,175 (Owed to Tenant)
Source
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