Landlord Wins Rent Arrears Case: MEDALLION CORPORATION v Shurland 2023
LTB Rules on $907 Rent Arrears: MEDALLION CORPORATION v Shurland Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
140 Wellington St S, Hamilton, ON L8N2R7
Decision in favor of
landlord
Balance Owed to Landlord
$907
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Apr 2023
Order Date
May 15, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant initially did not void by paying the arrears. However, the Tenant later made a payment that voided the N4 Notice, so the Landlord's application was converted to an arrears-only application.
Determinations
- Landlord entitled to $186 application fee reimbursement
- Landlord served valid N4 Notice
- Landlord's application converted to arrears-only
- Tenant fell into arrears again after April 2022 payment
- Tenant owes $721.07 in rent arrears up to April 30, 2023
- Tenant permitted to pay arrears in $100 monthly installments
- Tenant's payment on April 28, 2022 voided the N4 Notice
Case Study
The N4 Notice was valid as it accurately stated the rent arrears owed. The Tenant's payment on April 28, 2022 voided the N4 Notice, but the Tenant later fell into arrears again, so the Landlord's application was converted to an arrears-only application.
Arguments and Actions
Landlord
Arguments
Landlord argued the N4 Notice was valid and that the Tenant's April 28, 2022 payment did not void the notice because it did not clear until May 2, 2022.
Tenant
Arguments
Tenant argued the N4 Notice was invalid because it was confusing, but this argument was rejected.
Actions
Tenant made a payment of $694.61 on April 28, 2022 that voided the N4 Notice.
Decision Summary
The Tenant's request to review the previous order was granted. The N4 Notice was found to be valid, but the Tenant's payment on April 28, 2022 voided the notice. The Landlord's application was converted to an arrears-only application, and the Tenant was ordered to pay $907.07 in rent arrears and application costs in $100 monthly installments.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$712
Rent Arrears
$721
Application Fee
$186
Total Owing
$907 (Owed to Landlord)
Source
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