Landlord Wins Non-payment Case: Damiano v MacCarl 2022
LTB Rules on $12002 Rent Arrears: Damiano v MacCarl Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
150 Zoo Park Road, Wasaga Beach, ON L9Z2L7
Decision in favor of
landlord
Balance Owed to Landlord
$12,002
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2020
Tenancy End Date
May 2020
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice of Termination, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on May 7, 2020, prior to the hearing date.
Determinations
- Interest owed on rent deposit from July 16, 2019 to February 23, 2020
- Landlords held $2,100 rent deposit
- Landlords served valid Notice of Termination effective February 23, 2020
- Tenants did not pay rent from October 15, 2019 to November 14, 2020
- Tenants vacated on May 7, 2020
Case Study
The Tenants failed to pay the rent owed, leading to the termination of the tenancy. The Landlords are entitled to the outstanding rent and compensation, less the rent deposit and interest owed on the deposit.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on May 7, 2020, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective May 7, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $12,001.97 to the landlords, which includes rent arrears up to the move-out date and compensation, minus the rent deposit and interest on the deposit. The tenants must also pay $175 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
283
Landlord Favorable
85.2%
Tenant Favorable
7.8%
Mutual Agreement
7.1%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$9,021
Application Fee
$175
Rent Deposit
$2,100
Deposit Interest
$28
Other Owed Amount
$5,109
Compensation from February 24, 2020 to May 7, 2020
Total Owing
$12,002 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.