Landlord Wins Rent Arrears Case Against Tenant in Toronto: K v Chan 2021
Toronto tenant ordered to pay $10845 in rent arrears after eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1130 Dundas Street W, Toronto, ON M6J1X2
Decision in favor of
landlord
Balance Owed to Landlord
$10,845
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2020
Tenancy End Date
Sep 2020
Hearing Date
Jun 2021
Order Date
Nov 12, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent, damage to the premises, substantial interference, and illegal acts. The Tenant had vacated the rental unit prior to the hearing.
Determinations
- Tenant was in possession on application date
- Tenant did not pay rent from April 1, 2020 to September 30, 2020
- Tenant took possession on April 1, 2016
- Monthly rent is $1,828.33
- Tenant vacated unit on September 25, 2020
Case Study
The Tenant's claim to suspend rent payments under Section 12 of the Residential Tenancies Act was not valid, as the Landlord provided the required contact information within the 21-day period. The Tenant was obligated to pay the outstanding rent arrears after June 1, 2020 but failed to do so.
Arguments and Actions
Tenant
Arguments
Tenant argued her rent payments were lawfully suspended under Section 12 of the Residential Tenancies Act.
Actions
Tenant suspended rent payments starting April 2020, claiming the Landlord did not provide required contact information.
Decision Summary
The tenancy was terminated effective September 25, 2020, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $10,845.40 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Lawful Rent
$1,828
Rent Arrears
$10,970
Application Fee
$201
Total Owing
$10,845 (Owed to Landlord)
Source
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