Landlord Wins Rent Arrears Case: Milad v Lincourt 2023
Thornhill tenant evicted for non-payment of rent, owes $15803 to landlord
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 206 Arnold Ave, Thornhill, ON L4J1B9
Decision in favor of
landlord
Balance Owed to Landlord
$15,803
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2021
Tenancy End Date
May 2022
Hearing Date
Feb 2023
Order Date
Mar 10, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and the Landlord's need for personal use of the rental unit. The Tenant also applied for an order regarding the Landlord's failure to address maintenance issues and interference with the Tenant's reasonable enjoyment.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-05-15
- Lawful rent is $1,980 due on 1st of each month
- No payments made since application filed
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the arrears. The Tenant's claims regarding maintenance issues and interference with reasonable enjoyment were not substantiated by the evidence.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on May 15, 2022 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective May 15, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $15,802.76 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. The Tenant's applications regarding maintenance issues and interference with reasonable enjoyment were dismissed.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,980
Rent Arrears
$17,620
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$103
Total Owing
$15,803 (Owed to Landlord)
Source
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