Landlord Wins Non-payment Case: Capreit Limited Partnership v Rory Clarke
Mississauga tenant evicted for non-payment of rent, owes $2352 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
3455 Havenwood Drive, Mississauga, ON L4X2M7
Decision in favor of
landlord
Balance Owed to Landlord
$2,352
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2021
Tenancy End Date
Apr 2021
Hearing Date
Jul 2021
Order Date
Aug 23, 2021
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 April 15, 2021, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2021-04-15
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Board only has jurisdiction to order arrears of rent against persons who were in possession of the rental unit when the Landlord's application was filed. Magdalena Potempski and Dakota Hopf are not proper parties to the application as they were not in possession of the rental unit when the application was filed.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on April 15, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective April 15, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $2,351.85 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$2,307
Rent Arrears
$2,847
Application Fee
$186
Rent Deposit
$2,307
Deposit Interest
$8
Total Owing
$2,352 (Owed to Landlord)
Source
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