Landlord Wins Non-payment Case: Han v Papa 2021
Whitby tenants evicted for non-payment of rent, owe $10921 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
121 Carnwith Drive E, Whitby, ON L1M1K1
Decision in favor of
landlord
Balance Owed to Landlord
$10,921
Dispute Categories
Notices Sent
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Timeline
Application Date
Apr 2020
Tenancy End Date
Oct 2020
Hearing Date
Jun 2021
Order Date
Jun 16, 2021
Dispute Summary
Landlord 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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on October 26, 2020, prior to the hearing date.
Determinations
- Tenants did not pay full rent from January 8, 2020 to June 7, 2021
- Landlord served valid N4 Notice
- Tenants vacated on October 26, 2020
- Tenants were in possession on application date
- Lawful monthly rent was $2,800
- Landlord held $2,800 rent deposit
- Tenants paid $13,200 after application filed
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on October 26, 2020 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective October 26, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $10,920.84 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$2,800
Rent Arrears
$8,492
Application Fee
$175
Rent Deposit
$2,800
Deposit Interest
$73
Total Owing
$10,921 (Owed to Landlord)
Source
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