Landlord Wins Abandonment Case: District of Parry Sound v Eska 2023
Landlord wins abandonment case, tenant ordered to pay $186 application fee
Summarized by RentZenLast updated: July 22, 2024
Case Summary
10356 Hwy 124, Sundridge, ON P0A1Z0
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2023
Order Date
Mar 21, 2023
Tenancy End Date
Mar 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord believes that the Tenant abandoned the unit.
Determinations
- It would be unfair to grant relief from eviction
- Landlord believes Tenant abandoned unit in December 2021 and moved back to Austria
- Landlord did not receive any communication from Tenant
- Landlord inspected unit weekly and it remained in same condition
- Landlord is entitled to $186 for filing application costs
- Landlord submitted evidence of farewell gathering, disconnected phone, and condition of unit
- Tenant has abandoned the rental unit
- Tenant moved into unit about 20 years ago and operated a restaurant
- Tenant was in rent arrears and last paid rent in September 2021
Case Study
The Landlord provided evidence that the Tenant abandoned the unit, including a community posting for a farewell gathering, disconnected phone, and the condition of the unit. The Tenant did not respond to the Landlord's inquiries. The Landlord is entitled to terminate the tenancy and recover the application filing fee.
Arguments and Actions
Tenant
Actions
Tenant abandoned the rental unit in December 2021 and moved back to Austria.
Decision Summary
The tenancy is terminated, and the Tenant is ordered to pay the Landlord $186 for the application filing fee. If the Tenant does not pay by April 1, 2023, they will owe interest at 5% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
390
Landlord Favorable
85.6%
Tenant Favorable
7.2%
Mutual Agreement
7.2%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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