Landlord Wins Rent Arrears Case: Capreit v Lynch 2021
Toronto landlord awarded $6922 in rent arrears, tenant evicted
Summarized by RentZenLast updated: July 26, 2024
Case Summary
411 Duplex Avenue, Toronto, ON M4R1V2
Decision in favor of
landlord
Balance Owed to Landlord
$6,922
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2020
Tenancy End Date
Mar 2021
Hearing Date
Jul 2021
Order Date
Aug 6, 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 of Termination, which the tenant did not void by paying the arrears. The tenant had vacated the rental unit on March 31, 2021, prior to the hearing date.
Determinations
- Tenant has not paid rent from May 1, 2020 to July 31, 2021
- Landlord served valid Notice of Termination effective January 31, 2021
- Tenant vacated rental unit on March 31, 2021
- Tenant was in possession on application date
- Lawful monthly rent is $1,594.52
- Landlord not holding last month's rent deposit
- Tenant made no payments after application filed
- NSF cheque charge claim denied
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on March 31, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective March 31, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $6,922.43 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
96.5%
Tenant Favorable
1.2%
Mutual Agreement
2.3%
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Financial Details
Lawful Rent
$1,595
Rent Arrears
$6,736
Application Fee
$186
Total Owing
$6,922 (Owed to Landlord)
Source
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