Hazelview Property Services Inc v Palma: Non-payment of Rent Case in London, ON
London landlord wins case for unpaid rent, tenant ordered to pay $136 application fee
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 498 Queens Avenue, London, ON N6B3K9
Decision in favor of
landlord
Balance Owed to Landlord
$136
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 21, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlord also claimed NSF cheque charges and related administration charges. Tenants paid all arrears for the period ending January 31, 2022, after the application was filed, leaving only part of the Landlord's application filing cost outstanding.
Determinations
- Landlord incurred NSF cheque charges and administration fees
- Landlord served Notice of Termination effective August 30, 2021
- Monthly rent is $1,360.00
- Only outstanding amount is part of Landlord's application filing cost
- Tenant is in possession of the rental unit
- Tenant paid all arrears for the period ending January 31, 2022 after application was filed
- Tenants did not pay total rent required from March 1, 2021 to January 31, 2022
Case Study
The Tenants could have avoided this order by paying the full amount of rent arrears and the Landlord's application filing cost before the hearing. To prevent future issues, Tenants should ensure timely rent payments and communicate with the Landlord about any financial difficulties.
Arguments and Actions
Landlord
Actions
Landlord served a Notice of Termination effective August 30, 2021 due to rent arrears.
Tenant
Actions
Tenants did not pay the total rent required from March 1, 2021 to January 31, 2022. Tenants paid all arrears for the period ending January 31, 2022 after the application was filed.
Decision Summary
The Tenants are ordered to pay the Landlord $136.00 for the remaining cost of filing the application. If not paid by March 31, 2022, interest will be charged at 2.00% annually from April 1, 2022. No eviction order was issued as the Tenants paid all rent arrears after the application was filed.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,360
Application Fee
$136
Other Owed Amount
$25
NSF cheque charge and related administration charge
Total Owing
$136 (Owed to Landlord)
Source
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