Landlord and Tenant Reach Agreement on Rent Arrears and Eviction: Argente v Buchalter 2022
Landlords and tenant in Burlington reach agreement on rent arrears and early termination of tenancy
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1240 Blanshard Drive, Burlington, ON L7M4N6
Dispute resolved in
agreement
Balance Owed to Landlord
$16,309
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jan 2022
Order Date
Jan 25, 2022
Tenancy End Date
Mar 2022
Dispute Summary
Landlords 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
- Tenancy shall terminate effective March 31, 2022
- Tenant shall pay Landlord $16,309.00 by April 1, 2022
- Tenant shall pay Landlord $2,000.00 for February 2022 rent by February 1, 2022
- Landlord may apply for early termination and eviction if Tenant breaches conditions
- Landlord shall waive $16,309.00 if Tenant pays $2,000.00 and vacates by March 31, 2022
- Tenant shall owe interest at 2% annually on unpaid amounts after April 2, 2022
- Tenant shall owe $65.75 per day if they remain in unit after March 31, 2022
- Landlord may file order with Court Enforcement Office if Tenant does not vacate by March 31, 2022
Decision Summary
The tenancy shall terminate effective March 31, 2022. The Tenant is ordered to pay the Landlord $16,309.00 by April 1, 2022, representing rent and costs owing to January 31, 2022. The Tenant shall also pay $2,000.00 for February 2022 rent by February 1, 2022. If the Tenant pays the $2,000.00 and vacates by March 31, 2022, the Landlord shall waive the $16,309.00 owed. If the Tenant does not pay the amounts owed, they will start accruing interest at 2% annually from April 2, 2022. The Landlord may apply for early termination and eviction if the Tenant breaches the conditions of the order.
Adjudicator Details
LTB Member
Total Orders
10
Landlord Favorable
60.0%
Tenant Favorable
0.0%
Mutual Agreement
40.0%
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Financial Details
Lawful Rent
$2,000
Rent Arrears
$16,309
Total Owing
$16,309 (Owed to Landlord)
Source
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