Landlord Wins Non-payment Case: Cole v Crowder 2023
LTB Rules on $12652 Rent Arrears: Cole v Crowder Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
176 Old Muskoka Road, Gravenhurst, ON P1P1B6
Decision in favor of
landlord
Balance Owed to Landlord
$12,652
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jul 2022
Hearing Date
Jan 2023
Order Date
Apr 17, 2023
We estimate Application Date using rent arrears.
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord holds $1,500 rent deposit plus $48.31 interest
- Landlord incurred $186 application filing costs
- Landlord served valid N4 Notice
- Lawful rent is $1,500 due on 1st of each month
- Rent arrears owing to January 31, 2023 are $10,500
- Tenant did not void notice by paying arrears
- Tenant paid $1,500 to Landlord since application filed
- Tenant paid $10,500 into LTB since application filed
- Tenant still in possession on hearing date
Case Study
The Tenant can turn the decision around by paying the full rent arrears within the specified timeline and complying with the order.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on August 4, 2022, without paying full rent arrears.
Decision Summary
The Tenant is ordered to pay the Landlord $12,651.50 in rent arrears and costs, with a payment plan of $4,000 by April 30, 2023 and the remaining balance in 3 equal payments by July 21, 2023. The Landlord owes the Tenant $2,534.50 for rent abatement and reimbursement of plumbing costs. The tenancy is not terminated as long as the Tenant complies with the payment plan.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$10,500
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$48
Total Owing
$12,652 (Owed to Landlord)
Source
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