Landlord Wins Rent Arrears Case: Northview Apartment REIT v Rogers
Landlord wins rent arrears case, tenant ordered to pay filing costs in London, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
530 Mornington Avenue, London, ON N5Y3E5
Decision in favor of
landlord
Balance Owed to Landlord
$112
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2019
Hearing Date
Feb 2020
Order Date
Sep 10, 2020
We estimate Application Date using rent arrears.
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
- Karen Rogers is removed as a party to the application
- Tenants have not paid rent from December 1, 2019 to February 29, 2020
- Landlord served valid N4 Notice
- Tenants in possession of rental unit
- Monthly rent is $863.52
- Landlord holds $813.56 rent deposit
- Interest on rent deposit owed to Tenants from May 1, 2019 to December 24, 2019
- Only outstanding amount is Landlord's application filing cost
Case Study
The Tenants have not paid the total rent they were required to pay for the period from December 1, 2019 to February 29, 2020. Because of the arrears, the Landlord served a Notice of Termination effective December 24, 2019. The Tenants are in possession of the rental unit. The monthly rent is $863.52. The Landlord collected a rent deposit of $813.56 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from May 1, 2019 to December 24, 2019. The only amount outstanding is part of the Landlord's cost of filing the application. As a result, the order will be limited to costs only and not eviction.
Decision Summary
The order is limited to the Landlord's cost of filing the application, which the Tenants are ordered to pay. If the Tenants do not pay the full amount owing by September 21, 2020, they will start to owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
34
Landlord Favorable
88.2%
Tenant Favorable
2.9%
Mutual Agreement
8.8%
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Financial Details
Lawful Rent
$864
Rent Arrears
$2,591
Application Fee
$112
Rent Deposit
$814
Total Owing
$112 (Owed to Landlord)
Source
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