Landlord Wins Rent Arrears Case Against Absent Tenant in Niagara Falls: Kabir v Murray 2022
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
9597 Tallgrass Ave, Niagara Falls, ON L2G0Y3
Decision in favor of
landlord
Balance Owed to Landlord
$8,917
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2022
Hearing Date
Nov 2022
Order Date
Nov 25, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to require the Tenant to pay the rent that the Tenant owes. The Tenant was not present or represented at the hearing, although properly served with notice.
Determinations
- Interest on the rent deposit of $27.79 is owed to the Tenant
- Landlord collected a $1,800 rent deposit, which is applied to the arrears
- Landlord incurred $186 in application filing costs
- Lawful rent is $1,800 per month, due on the 1st of each month
- Rent arrears and daily compensation owing to June 1, 2022 are $10,559.17
- Tenant did not pay the total rent required from November 1, 2021 to June 1, 2022
- Tenant has not made any payments since the application was filed
- Tenant was still in possession of the rental unit as of the hearing date
Case Study
The Tenant should have attended the hearing or requested an adjournment. The Tenant could have argued that the rent arrears were not owed or that the Landlord failed to properly serve the N4 notice. Without the Tenant's participation, the Landlord's evidence was uncontested.
Arguments and Actions
Tenant
Procedural Errors
The Tenant failed to attend the hearing or request an adjournment, resulting in the hearing proceeding without their participation.
Decision Summary
The Tenant shall pay the Landlord $8,917.38, which includes rent arrears up to June 1, 2022, the cost of the application, and the rent deposit and interest. If the Tenant does not pay the full amount by December 6, 2022, the Tenant will start to owe simple interest at 4% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
122
Landlord Favorable
90.2%
Tenant Favorable
9.0%
Mutual Agreement
0.8%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$10,559
Application Fee
$186
Rent Deposit
$1,800
Deposit Interest
$28
Total Owing
$8,917 (Owed to Landlord)
Source
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