Landlord Wins Non-payment Case: Al Kazaz Dental Corporation v Hochong
Mississauga landlord awarded $28550 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2 Colbert Gardens, Mississauga, ON L5N1C8
Decision in favor of
landlord
Balance Owed to Landlord
$28,550
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
May 2021
Tenancy End Date
Nov 2021
Hearing Date
Jan 2022
Order Date
Jan 18, 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 November 14, 2021, prior to the hearing date.
Determinations
- Interest owed on rent deposit from August 16, 2018 to September 17, 2021
- Landlord collected $4,200 rent deposit
- Landlord served valid N4 Notice
- Lawful monthly rent was $4,200
- Tenants did not pay rent from April 15, 2020 to November 14, 2021
- Tenants paid $800 after application filed
- Tenants vacated on November 14, 2021
- Tenants were in possession on application date
Case Study
The Tenants failed to pay the full rent owed, resulting in the Landlord serving a valid N4 notice. The Tenants vacated the unit after the notice was served, but before the hearing date. The Landlord is entitled to the outstanding rent and compensation, less the rent deposit and interest owed to the Tenants.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on November 14, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective November 14, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $28,550.04 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
929
Landlord Favorable
92.5%
Tenant Favorable
4.1%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$4,200
Rent Arrears
$25,714
Application Fee
$186
Rent Deposit
$4,200
Deposit Interest
$173
Total Owing
$28,550 (Owed to Landlord)
Source
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