Landlord Wins Non-payment Case: Kothala v Ledoux 2023
Scarborough tenants evicted for $9443 rent arrears, owe $8025 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 135 Preston St, Scarborough, ON M1N3N4
Decision in favor of
landlord
Balance Owed to Landlord
$8,025
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Oct 2022
Tenancy End Date
Nov 2022
Order Date
Mar 29, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and for causing undue damage to the premises. The L2 application for damages was withdrawn at the hearing. The L1 application for non-payment of rent was granted, as the Tenants did not void the N4 notice by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2022-11-20
Case Study
The Landlord served a valid N4 notice, and the Tenants did not void the notice by paying the arrears. The Tenants were in possession of the rental unit on the date the application was filed, but they had vacated the unit by the time of the hearing. The Landlord is entitled to recover the rent arrears and the application filing fee.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on November 20, 2022, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective November 20, 2022, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $8,025.31 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
33
Landlord Favorable
81.8%
Tenant Favorable
15.2%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,550
Rent Arrears
$9,443
Application Fee
$201
Rent Deposit
$1,550
Deposit Interest
$69
Total Owing
$8,025 (Owed to Landlord)
Source
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