Landlord Wins Rent Arrears Case: Lubana v Towns 2023
Landlord awarded $18119 in rent arrears, tenant evicted from New Tecumseth rental unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
7 Treetops Blvd, New Tecumseth, ON L9R0M4
Decision in favor of
landlord
Balance Owed to Landlord
$18,119
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2022
Hearing Date
Mar 2023
Order Date
Apr 18, 2023
Tenancy End Date
Apr 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The parties reached an agreement to terminate the tenancy on consent.
Determinations
- Tenant is still in possession of the rental unit
- Lawful monthly rent is $3,000, due on the 1st of each month
- Daily compensation is $98.63
- Tenant has not made any payments since application was filed
- Total arrears outstanding as of March 31, 2023 is $21,000
- Landlord collected $3,000 rent deposit, with $66.99 interest owing to Tenant
- Last month's rent deposit to be applied to last month's rent
- Parties agreed to final, non-voidable termination of tenancy as of April 30, 2023
- Landlord incurred $186 in filing costs
Decision Summary
The tenancy is terminated effective April 30, 2023. The Tenant must pay the Landlord $18,119.01, which includes rent arrears up to March 31, 2023, minus the rent deposit and interest. The Tenant must also pay daily compensation of $98.63 per day starting April 1, 2023 until the Tenant moves out. If the Tenant does not pay the full amount by April 30, 2023, the Tenant will owe interest starting May 1, 2023 at 6% annually on the outstanding amount. If the unit is not vacated by April 30, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$3,000
Rent Arrears
$21,000
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$67
Total Owing
$18,119 (Owed to Landlord)
Source
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