Landlord Wins Non-payment Case: Accardi v Throop, Bresee 2021
Cobourg tenants evicted for non-payment of rent, owe $6583 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 62 Spencer Street E, Cobourg, ON K9A1C2
Decision in favor of
landlord
Balance Owed to Landlord
$6,583
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2020
Tenancy End Date
Jun 2021
Hearing Date
Jul 2021
Order Date
Jul 28, 2021
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 June 28, 2021, prior to the hearing date.
Determinations
- Tenants did not pay rent from November 1, 2020 to July 31, 2021
- Landlord served valid N4 Notice
- Tenants vacated on June 28, 2021
- Lawful rent is $1,482.00
- Landlord collected $1,482.00 rent deposit
- Interest on rent deposit owed to Tenants
- Tenants paid $3,028.00 after application filed
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from November 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective November 20, 2020. The Tenants owe to the Landlord $6,582.85, which includes the rent owing to June 28, 2021, less the last month rent deposit and interest owing on the deposit, plus the cost of filing this application.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on June 28, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated as of June 28, 2021, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $6,396.85 to the Landlord, which represents the rent owing and compensation up to June 28, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $186.00 for the cost of filing the application. If the full amount is not paid by July 9, 2021, the Tenants will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,482
Rent Arrears
$10,936
Application Fee
$186
Rent Deposit
$1,482
Deposit Interest
$29
Total Owing
$6,583 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.