Ni v Strain: Persistent Late Rent Payments Lead to Tenancy Termination
LTB Orders $14349 Compensation for Persistent Late Rent Payments
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 139 Green Vista Dr, Cambridge, ON N1T1Y8
Decision in favor of
landlord
Balance Owed to Landlords
$14,350
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Tenancy End Date
Jan 2023
Hearing Date
Jan 2023
Order Date
Jan 17, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. Tenants vacated the unit before the hearing, so Landlords sought compensation for the period between the termination date in the notice and the date Tenants vacated.
Determinations
- Interest owed on deposit from 2020-04-13
- Landlords hold last month rent deposit of $2,000.00
- Landlords served valid N8 Notice on 2022-02-22
- Monthly rent was $2,000.00, increased to $2,024.00 on 2022-06-01
- Tenants vacated rental unit on 2023-01-06
- Tenants were late paying rent 12 out of 12 months
Case Study
The Tenants could have potentially avoided this outcome by consistently paying rent on time or by vacating the unit earlier to reduce the compensation owed. They could also have provided clear evidence of their move-out date to potentially reduce the compensation period.
Arguments and Actions
Landlord
Arguments
Landlords sought compensation from the termination date in the notice to the date the Tenants vacated the rental unit.
Actions
Landlords discovered the rental unit was vacant on January 6, 2023, after being informed by the basement tenant on January 5, 2023.
Tenant
Arguments
Tenants claimed they vacated on December 24, 2022, but did not return keys due to a separate agreement with Landlords about compensation for moving.
Actions
Tenants were late paying rent 12 out of 12 months from March 2021 to February 22, 2022. Tenants did not pay any rent since the termination date in the notice, April 30, 2022.
Decision Summary
The tenancy was terminated on January 6, 2023. Tenants are ordered to pay $14,349.60 to the Landlords, which includes compensation for use of the unit from May 1, 2022 to January 6, 2023, minus the rent deposit and interest owed on the deposit, plus the application filing fee.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,024
Rent Arrears
$16,225
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$62
Total Owing
$14,350 (Owed to Landlords)
Source
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