Landlord Wins Rent Arrears Case: Medallion v Simmons 2021
London tenant evicted for non-payment of rent, ordered to pay $6346 to landlord
Summarized by RentZenLast updated: July 26, 2024
Case Summary
602 Adelaide Street North, London, ON N5Y 2P2
Decision in favor of
landlord
Balance Owed to Landlord
$6,346
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Nov 2020
Application Date
Nov 2020
Hearing Date
Nov 2021
Order Date
Nov 25, 2021
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 did not void by paying the arrears. The tenant had vacated the rental unit on November 1, 2020, prior to the hearing date.
Determinations
- Tenant did not pay rent from November 1, 2019 to November 30, 2020
- Landlord served valid N4 Notice
- Tenant vacated on November 1, 2020
- Tenant was in possession on application date
- Monthly rent is $1,020
- Landlord returned last month's rent deposit and interest
- Tenant made no payments since application was filed
Case Study
The tenant failed to pay the rent owed, resulting in the landlord serving a valid N4 notice. The tenant did not void the notice by paying the arrears, and subsequently vacated the unit. The landlord is entitled to the outstanding rent and compensation.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on November 1, 2020 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective November 1, 2020, the date the tenant vacated the rental unit. The tenant is ordered to pay $6,345.67 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,020
Rent Arrears
$5,151
Application Fee
$175
Rent Deposit
$1,020
Total Owing
$6,346 (Owed to Landlord)
Source
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