Landlord Wins Eviction Case Against Non-Paying Tenant in Etobicoke: Abou Alloul v Mumtaz 2021
Etobicoke landlord awarded over $11000 after tenant fails to pay rent for over a year
Summarized by RentZenLast updated: July 26, 2024
Case Summary
1614 Rowntree Road, Etobicoke, ON M9V5G9
Decision in favor of
landlord
Balance Owed to Landlord
$11,327
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2020
Hearing Date
Nov 2020
Tenancy End Date
May 2021
Order Date
Jun 21, 2021
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.
Determinations
- Tenant did not pay rent from March 1, 2020 to November 30, 2020
- Landlord served valid N4 Notice
- Tenant paid $16,700 after application was filed
- Landlord holding $700 rent deposit, owes interest on full $2,200 deposit
- Unfair to grant relief from eviction
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from March 1, 2020 to November 30, 2020. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant vacated the rental unit on May 15, 2021, but was still required to pay rent and compensation until May 20, 2021 when the Landlord became aware of the vacancy.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on May 15, 2021 without returning the keys and leaving personal property behind.
Decision Summary
The tenancy is terminated effective May 20, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $11,326.94 to the Landlord, which includes rent arrears, compensation, and the cost of filing the application, less the rent deposit balance and interest owed on the full deposit.
Adjudicator Details
LTB Member
Total Orders
611
Landlord Favorable
83.8%
Tenant Favorable
6.7%
Mutual Agreement
9.5%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$1,418
Application Fee
$175
Rent Deposit
$700
Deposit Interest
$13
Total Owing
$11,327 (Owed to Landlord)
Source
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