KH Residence Inc v Zafar: Rent Arrears and Improper Notice of Termination
LTB Decision: Rent Arrears and Improper Termination Notice
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 111 Carlton Street, Toronto, ON M5B2G3
Decision in favor of
landlord
Balance Owed to Landlord
$7,742
Dispute Categories
Agree with the ruling?
Timeline
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.
Dispute Summary
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.
Determinations
- Landlord unaware of vacancy until August 21, 2020
- Tenant owes $190.00 for application filing fee
- Tenant owes $7,552.20 in rent arrears
- Tenant responsible for rent until August 20, 2020
- Tenant vacated unit on May 1, 2020 without proper notice
- Tenant's review request granted
Case Study
The Tenant's review request was granted based on the broad interpretation of 'being reasonably able to participate' as per King-Winton v. Doverhold Investments Ltd. The Tenant's claim of not receiving proper notice was accepted. In the de novo hearing, the Landlord's claim for rent up to August 20, 2020, was upheld as the Tenant failed to provide proper notice of termination and the Landlord was unaware of the Tenant's vacation of the unit until August 21, 2020.
Arguments and Actions
Landlord
Arguments
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.
Actions
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
Arguments
Tenant claimed not to have received proper notice of the original hearing, which led to the review being granted.
Actions
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.
Procedural Errors
Tenant failed to provide proper written notice of termination as required by the Residential Tenancies Act.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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Financial Details
Lawful Rent
$1,357
Rent Arrears
$7,552
Application Fee
$190
Rent Deposit
$1,357
Total Owing
$7,742 (Owed to Landlord)
Source
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