Landlord Wins Rent Arrears Case Against Tenant in Markham: Guo v Vanderlugt 2021
Markham landlord awarded $20760 in rent arrears from tenant after LTB ruling
Summarized by RentZenLast updated: July 26, 2024
Case Summary
67 Wozniak Crescent, Markham, ON L6E0L4
Decision in favor of
landlord
Balance Owed to Landlord
$20,935
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Mar 2021
Order Date
Apr 16, 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant claimed she did not receive. The Tenant had paid $20,100 after the application was filed, but there were discrepancies between the Tenant's and Landlord's ledgers regarding the total rent owed.
Determinations
- Tenant was not able to participate in initial hearing due to not receiving Notice of Hearing
- Landlord did not properly serve N4 Notice, so application converted from L1 to L9
- Tenant has burden of proving additional cash payments, which she was unable to do
- Landlord followed due legal process
Case Study
The Tenant was not able to participate in the initial hearing due to not receiving the Notice of Hearing. The Landlord did not properly serve the N4 Notice, so the application was converted from an L1 (eviction) to an L9 (arrears only). The Tenant has the burden of proving the additional cash payments she claims to have made, which she was unable to do. The Landlord followed due legal process and the Tenant owes $20,760 in rent arrears.
Arguments and Actions
Landlord
Actions
Landlord had difficulty articulating the method of service for the N4 Notice, and admitted she did not see the person when the notice was left between the doors.
Procedural Errors
Landlord did not properly serve the N4 Notice, leaving it between the doors which is not a prescribed method of service.
Tenant
Actions
Tenant claimed she did not receive the N4 Notice of Termination.
Procedural Errors
Tenant did not pay the total rent owed for the period from June 15, 2019 to March 31, 2021.
Decision Summary
The Tenant shall pay the Landlord $20,760 in rent arrears and $175 for the cost of filing the application. If the Tenant does not pay the full amount by April 30, 2021, they will start owing simple interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Rent Arrears
$20,760
Application Fee
$175
Total Owing
$20,935 (Owed to Landlord)
Source
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