Landlord Wins Non-payment Case: Homestead Land Holdings Limited v Kirouac 2023
Burlington landlord wins $10930 in rent dispute, tenants evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 685 Surrey Lane, Burlington, ON L7T3Z2
Decision in favor of
landlord
Balance Owed to Landlord
$10,930
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2022
Tenancy End Date
Jan 2023
Hearing Date
Jan 2023
Order Date
Feb 28, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 January 19, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $6,559.41 since application filed
- Tenants vacated on 2023-01-19
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the arrears. The Tenant was in possession on the application date and vacated on January 19, 2023. The lawful rent was $1,791.24 per month, and the Tenant paid $6,559.41 since the application was filed. The rent arrears up to January 19, 2023, are $12,551.39. The Landlord is entitled to reimbursement of the $186 application filing fee. The Landlord held a $1,770 rent deposit, and the Tenant is owed $37.24 in interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on January 19, 2023, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective January 19, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $10,930.15 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,791
Rent Arrears
$12,551
Application Fee
$186
Rent Deposit
$1,770
Deposit Interest
$37
Total Owing
$10,930 (Owed to Landlord)
Source
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