Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Alanwoko 2023
Landlord awarded $2181 in Ajax rent dispute, tenant ordered to pay in installments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 33 Falby Crt, Ajax, ON L1S3R3
Decision in favor of
landlord
Balance Owed to Landlord
$2,181
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Feb 2023
Order Date
Feb 21, 2023
We estimate Application Date using rent arrears.
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.
Determinations
- Interest on rent deposit of $12.56 is owed to Tenant
- Landlord collected $1,950.91 rent deposit
- Landlord served valid N4 Notice
- Lawful rent is $1,987.32 due on 1st of each month
- Rent arrears owing to 2023-02-28 are $1,994.84
- Tenant paid $14,700 since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Tenants misunderstood and questioned their legal rent, but they remain responsible to pay their monthly rent unless ordered otherwise by the Board. A brief repayment plan would not be unfair to the Landlord.
Arguments and Actions
Landlord
Actions
Landlord's representative submitted that the Landlord sent a letter to the Tenant on June 9, 2022 proposing an arrears repayment plan, but the Tenant never established one.
Tenant
Arguments
Tenant argued that given the Landlord's failure to properly explain the above guideline rent increase, the Tenants should not be liable to pay the Landlord's application fee.
Actions
Tenant testified that the Landlord failed to provide an adequate explanation regarding the approval process for an above guideline rent increase, which resulted in the rent arrears.
Decision Summary
The Tenants are ordered to pay the Landlord $2,180.84, representing rent arrears of $1,994.84 to February 28, 2023, and the $186.00 application fee, in installments by June 15, 2023. The Tenants are also required to pay the lawful monthly rent on time and in full during this period. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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Financial Details
Lawful Rent
$1,987
Rent Arrears
$1,995
Application Fee
$186
Rent Deposit
$1,951
Deposit Interest
$13
Total Owing
$2,181 (Owed to Landlord)
Source
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