Landlord Wins Non-payment Case: Nguyen v Zariada 2024
North York tenants ordered to pay $186 filing fee for non-payment of rent case
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 84 Bamford Cres, North York, ON M3N1T8
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2024
Order Date
Jul 17, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,896.25 due on 1st of each month
- No payments made since application filed
Case Study
There is no dispute that the Tenant was late paying the rent. Nor was there any dispute that there were arrears which allowed the Landlord to file an application. In light of these facts, it is entirely reasonable for the Landlord to bring forward an application to enforce their legal right to the arrears. In accordance with LTB Interpretation Guideline 3 on Costs, typically, where a Landlord is successful in their application, costs are awarded.
Arguments and Actions
Landlord
Arguments
The Landlord requested repayment of the filing fee and an order delayed for 30 days before interest begins to accrue.
Tenant
Arguments
The Tenant submitted that she should not have to pay the filing fee as there were no arrears.
Actions
The Tenant has experienced some financial difficulties as of late and so had trouble paying the rent.
Decision Summary
The Tenant shall pay the Landlord $186.00 the cost of filing the application. If the Tenant does not pay the Landlord the full amount owing on or before December 31, 2024, the Tenant will start to owe interest. This will be simple interest calculated from January 1, 2025 at 7.00% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
73
Landlord Favorable
87.7%
Tenant Favorable
1.4%
Mutual Agreement
11.0%
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Financial Details
Lawful Rent
$1,896
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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