Last updated: July 22, 2024
Ordered by Renée Lang,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$7,742
to Landlord
Agree with the ruling?
Citation: KH Residence Inc v Zafar, 2022 CanLII 122670 (ON LTB)
File Number: TSL-15713-20-RV
Application Date (Estimate)
Feb 2020
Tenancy End Date
Aug 2020
Hearing Date
Jan 2022
Order Date
Feb 16, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
The original order TSL-15713-20 was cancelled and replaced. The Tenant is ordered to pay the Landlord $7,552.20 in rent arrears up to August 20, 2020, plus $190.00 for the cost of filing the application. If not paid by February 28, 2022, interest will accrue at 2.00% annually from March 1, 2022.
Landlord applied for an order requiring Tenant to pay rent owed. The initial order was issued on October 15, 2021. Tenant requested a review on November 2, 2021, claiming inability to participate in the original proceedings. The review was granted, and the case was heard de novo.
Landlord argued for rent to be paid until August 20, 2020, as they were unaware of the Tenant's vacation of the unit and unable to mitigate losses earlier.
Landlord's representative sent an email on October 4, 2021, about the hearing. Landlord's staff entered the unit on August 21, 2020, discovering the Tenant had vacated.
Tenant claimed not to have received proper notice of the original hearing, which led to the review being granted.
Tenant vacated the unit on May 1, 2020, without giving proper notice. Tenant claimed to have given oral notice 'probably in February or March 2020' but did not follow up on Landlord's email about options for early termination.
Tenant failed to provide proper written notice of termination as required by the Residential Tenancies Act.
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Lawful Rent
$1,357
Rent Arrears
$7,552
Application Fee
$190
Rent Deposit
$1,357
Ordered Amount
$7,742 (to Landlord)
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