Landlord Wins Non-payment Case: Bulloch v Foster 2021
North York tenant vacates after owing $492 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 30 Shining Star Crescent, North York, ON M6M5L6
Decision in favor of
landlord
Balance Owed to Landlord
$492
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2020
Tenancy End Date
Oct 2020
Hearing Date
Dec 2020
Order Date
Jan 18, 2021
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 tenant had vacated the rental unit on October 1, 2020, prior to the hearing date.
Determinations
- Tenant has not paid rent from June 1, 2020 to December 31, 2020
- Landlord served valid N4 Notice
- Tenant was in possession on application date
- Tenant vacated on 2020-10-01
- Lawful rent was $275.00 per month
- No payments made since application filed
- Landlord holding $250.00 rent deposit
- Interest owed on rent deposit from 2019-10-04 to 2020-08-25
Case Study
The tenant has not paid the total rent the tenant was required to pay for the period from June 1, 2020 to December 31, 2020. Because of the arrears, the landlord served a Notice of Termination effective August 25, 2020. The tenant was in possession of the rental unit on the date the application was filed. The tenant vacated the rental unit on October 1, 2020, so the request for eviction under this application is no longer necessary. The tenant has made no payments since the application was filed. The landlord is not holding a last month's rent deposit, but the landlord collected a rent deposit of $250.00 from the tenant and this deposit is still being held by the landlord. Interest on the rent deposit is owing to the tenant for the period from October 4, 2019 to August 25, 2020.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on October 1, 2020 without paying full rent arrears.
Decision Summary
The tenant shall pay the landlord $305.57, which represents the amount of rent owing and compensation up to October 1, 2020, less the rent deposit and interest the landlord owes on the rent deposit. The tenant shall also pay the landlord $186.00 for the cost of filing the application. The total amount owing under this order is $491.57. If the tenant does not pay the landlord the full amount owing on or before January 29, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
8
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$275
Rent Arrears
$226
Application Fee
$186
Rent Deposit
$250
Deposit Interest
$5
Other Owed Amount
$334
Compensation from termination date to order date
Total Owing
$492 (Owed to Landlord)
Source
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