Landlords Win Rent Arrears Case: Havill and Vollmer v Iravani and Amiri
Fort Erie tenants evicted for non-payment of rent, owe $722 to landlords
Summarized by RentZenLast updated: July 26, 2024
Case Summary
474 Lakeshore Road, Fort Erie, ON L2A 1B5
Decision in favor of
landlord
Balance Owed to Landlord
$722
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Mar 2021
Hearing Date
Jul 2021
Order Date
Aug 24, 2021
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 March 6, 2021, prior to the hearing date.
Determinations
- Tenants did not pay rent from January 1, 2021 to March 6, 2021
- Landlords served valid Notice of Termination effective February 16, 2021
- Tenants moved out on March 6, 2021
- Landlords acted reasonably
- Landlords should receive daily compensation from March 1, 2021 to March 6, 2021
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from January 1, 2021 to March 6, 2021. Because of the arrears, the Landlords served a Notice of Termination effective February 16, 2021. The Tenants moved out of the unit on March 6, 2021. The Landlords have acted reasonably here.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on March 6, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective March 6, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $722.06 to the landlords, which includes rent arrears up to the move-out date, compensation for the period from March 1 to March 6, 2021, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
129
Landlord Favorable
86.8%
Tenant Favorable
4.7%
Mutual Agreement
8.5%
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Financial Details
Rent Arrears
$1,821
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$1
Other Owed Amount
$316
Compensation from March 1, 2021 to March 6, 2021
Total Owing
$722 (Owed to Landlord)
Source
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