Landlord Wins Rent Arrears Case Against Tenant in Brampton: Geddes v Tarnawski 2021
Brampton landlords awarded $4870 in rent arrears after tenant eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
15 Golding Avenue, Brampton, ON L6W1M5
Decision in favor of
landlord
Balance Owed to Landlord
$4,870
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2021
Tenancy End Date
May 2021
Hearing Date
Jul 2021
Order Date
Oct 22, 2021
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords 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 May 31, 2021, prior to the hearing date.
Determinations
- Tenant did not pay rent for February, April, and May 2021
- Landlords served valid N4 Notice
- Tenant in possession on application date
- Tenant vacated on 2021-05-31
- Monthly rent was $2,300
- No payments made after application filed
Case Study
The Tenant disputed that she owed rent for May 2021, claiming the Landlords were holding a last month's rent deposit. However, the evidence showed the Tenant's claim was not supported, and the Tenant owed rent for May 2021. The Tenant should have paid the outstanding rent to void the N4 notice.
Arguments and Actions
Tenant
Arguments
Tenant claimed Landlords were holding a last month's rent deposit that should be applied to May 2021 rent, but this was not supported by evidence.
Actions
Tenant vacated the rental unit on May 31, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective May 31, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $4,870.18 to the Landlords, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$3,172
Application Fee
$186
Other Owed Amount
$1,512
Compensation for period after termination notice to vacate date
Total Owing
$4,870 (Owed to Landlord)
Source
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