Landlord Wins Non-payment and Substantial Interference Case: Miller v Mclean 2024
Sudbury tenants evicted for non-payment of rent and substantial interference, owe $14981 to landlord
Summarized by RentZenLast updated: August 6, 2024
Case Summary
3455 Dell St, Sudbury, ON P3B2M3
Decision in favor of
landlord
Balance Owed to Landlord
$14,981
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Tenancy End Date
Oct 2023
Hearing Date
Jan 2024
Order Date
Jan 25, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The landlord also applied to terminate the tenancy due to substantial interference by the Tenants, another occupant or a person permitted in the residential complex by the Tenants. The L2 Application was withdrawn as the Tenants had vacated the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-10-28
- Lawful rent due on 1st of each month
- No payments made since application filed
Decision Summary
The tenancy was terminated effective October 28, 2023, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $14,981.23 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
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$1,450
Rent Arrears
$16,285
Application Fee
$186
Rent Deposit
$1,450
Deposit Interest
$40
Total Owing
$14,981 (Owed to Landlord)
Source
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