Landlord Wins Rent Arrears Case: Capreit v Muramoto 2021
Toronto landlord awarded $5024 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 411 Duplex Avenue, Toronto, ON M4R1V2
Decision in favor of
landlord
Balance Owed to Landlord
$5,024
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
Jul 30, 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 March 31, 2021, prior to the hearing date.
Determinations
- Tenant did not pay rent from January 1, 2021 to March 31, 2021
- Landlord served valid N4 Notice
- Tenant was in possession on application date
- Tenant vacated on March 31, 2021
- Lawful monthly rent was $1,612.61
- Landlord did not hold last month's rent deposit
- Tenant made no payments since application filed
- NSF cheque charge claim denied
Case Study
The tenant failed to pay rent for the period from January 1, 2021 to March 31, 2021, leading to the landlord serving a valid N4 notice. The tenant vacated the unit on March 31, 2021, but still owes the landlord the unpaid rent and application filing fees.
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 $5,023.83 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
$1,613
Rent Arrears
$4,838
Application Fee
$186
Total Owing
$5,024 (Owed to Landlord)
Source
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