Landlord Wins Rent Arrears Case Against Tenant in Toronto: Amlani v Muhammed 2023
LTB Rules on $12619 Rent Dispute in Toronto
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7 Mabelle Ave, Toronto, ON M9A4X7
Decision in favor of
landlord
Balance Owed to Landlord
$12,620
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2022
Tenancy End Date
Feb 2023
Hearing Date
Mar 2023
Order Date
Mar 27, 2023
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. The previous tenant, Rushawn Ettienne, had vacated the rental unit in March or April 2022, but the Landlord removed them as a party to the application as they were not in possession of the unit when the application was filed.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $2,200 per month due on 1st
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $1,000 since application filed
- Tenant vacated on 2023-02-18
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was in possession of the rental unit when the application was filed, so the Board has jurisdiction to make an order for the payment of arrears. The Tenant did not attempt to minimize their losses by getting another roommate after the previous tenant vacated, so they are responsible for the full amount of arrears.
Arguments and Actions
Tenant
Arguments
Tenant argued that previous tenant, Rushawn Ettienne, should remain a party to the application and be responsible for a portion of the arrears.
Actions
Tenant did not attempt to get another roommate after previous tenant vacated.
Decision Summary
The tenancy is terminated effective February 18, 2023, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $12,619.72 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
602
Landlord Favorable
88.0%
Tenant Favorable
6.2%
Mutual Agreement
5.8%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$14,689
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$56
Total Owing
$12,620 (Owed to Landlord)
Source
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