Landlord Wins Rent Arrears Case: Auger Properties Inc. v Debartolo and Vanderveen
Landlord awarded $3135 in rent arrears after tenants vacate St. Catharines rental unit
Summarized by RentZenLast updated: July 26, 2024
Case Summary
25 Brentwood Drive, St. Catharines, ON L2M 4M1
Decision in favor of
landlord
Balance Owed to Landlord
$3,135
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Tenancy End Date
Jan 2021
Hearing Date
Jun 2021
Order Date
Aug 3, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the 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 prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2021-01-31
- Lawful rent is $1,476.10 per month
Case Study
The Landlord did not agree to waive the rent, as evidenced by the text message conversations and the service of the N4 notice. The Tenants vacated the unit on January 31, 2021, and therefore the Landlord is entitled to rent up to that date.
Arguments and Actions
Landlord
Arguments
Landlord argued the tenants owed rent from November 2020 to January 2021 and that the N4 notice was validly served.
Actions
Landlord denied agreeing to waive rent and repeatedly asked for rent via text messages.
Tenant
Arguments
Tenants claimed the landlord agreed to waive rent if they vacated the unit as soon as possible.
Actions
Tenants vacated the rental unit on January 31, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective January 31, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $3,135.40 to the landlord, which includes rent arrears up to the move-out date, compensation, and the cost of filing the application, less 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
$1,476
Rent Arrears
$2,949
Application Fee
$186
Rent Deposit
$1,450
Deposit Interest
$65
Total Owing
$3,135 (Owed to Landlord)
Source
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