Canadian Student Living Group, Lp v Powell: Non-payment of Rent Case in Oshawa, ON
Oshawa student housing tenant ordered to pay $3906 in rent arrears after vacating
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1700 Simcoe Street N, Oshawa, ON L1G4X9
Decision in favor of
landlord
Balance Owed to Landlord
$3,906
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2021
Tenancy End Date
Aug 2021
Hearing Date
Dec 2021
Order Date
Jan 5, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for termination of tenancy and eviction due to non-payment of rent. The initial order was reviewed at Tenant's request. The review hearing determined that the Tenant did not receive the original Notice of Hearing, leading to cancellation and replacement of the initial order.
Determinations
- Interest on rent deposit owed to Tenant
- Landlord holds rent deposit of $605.00
- Landlord served valid Notice of Termination effective April 22, 2021
- Tenant did not pay full rent from January 1, 2021 to August 27, 2021
- Tenant did not receive Notice of Hearing for initial order
- Tenant vacated rental unit on August 27, 2021 based on N9 Notice
Case Study
The Tenant could have potentially avoided this outcome by ensuring they received all notices and attending the initial hearing. Prompt payment of rent arrears or negotiation of a payment plan could have prevented the termination of tenancy.
Arguments and Actions
Landlord
Actions
Landlord served a Notice of Termination effective April 22, 2021 due to rent arrears.
Tenant
Arguments
Tenant argued they did not receive the Notice of Hearing for the initial order.
Actions
Tenant did not pay full rent from January 1, 2021 to August 27, 2021. Tenant vacated the rental unit on August 27, 2021 based on N9 Notice.
Procedural Errors
Tenant failed to attend the initial hearing due to not receiving the Notice of Hearing.
Decision Summary
The tenancy was terminated on August 27, 2021. The Tenant is ordered to pay $3,906.44 to the Landlord, which includes rent arrears, compensation up to the move-out date, and the application filing fee, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$605
Rent Arrears
$4,326
Application Fee
$186
Rent Deposit
$605
Deposit Interest
$0
Total Owing
$3,906 (Owed to Landlord)
Source
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