Landlord Wins Non-payment Case: Ozbilen v Ucuncuoglu 2022
LTB Rules on $30309 Rent Arrears: Ozbilen v Ucuncuoglu Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
163 Lawrence Ave W, Toronto, ON M5M1A9
Decision in favor of
landlord
Balance Owed to Landlord
$30,309
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Tenancy End Date
Jul 2022
Hearing Date
Aug 2022
Order Date
Sep 22, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order requiring Tenants to pay the rent they owed. The Tenants had vacated the rental unit on July 17, 2022, prior to the hearing date.
Determinations
- Interest on rent deposit is $148.20
- Landlord held $4,500 rent deposit
- Landlord incurred $186 application filing cost
- Lawful rent was $4,600 per month due on 1st
- No payments made since application filed
- Rent arrears and daily compensation to 2022-07-17 is $34,770.91
- Tenants did not pay full rent from 2021-11-30 to 2022-07-17
- Tenants in possession on application date
- Tenants vacated rental unit on 2022-07-17
Case Study
The Tenants did not dispute the amount owing to the Landlord in relation to rent arrears. Their evidence was they were awaiting an order from the Board on a T6 application in relation to this tenancy. They sought time to pay these arrears hoping to receive the Board's order on that T6 application making it easier to determine the final amounts due to either party. The Tenants sought 90 to 120 days for payment and I found this unreasonable given the duration these arrears have been outstanding.
Arguments and Actions
Tenant
Actions
Tenants were awaiting a Board order on a T6 application and sought 90-120 days to pay the arrears.
Decision Summary
The tenancy is terminated effective July 17, 2022. The Tenants shall pay the Landlord $30,308.71, which includes rent arrears and daily compensation up to July 17, 2022, and the cost of the application, minus the rent deposit and interest owing. If the Tenants do not pay the full amount by October 3, 2022, they will start owing simple interest at 3% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$4,600
Rent Arrears
$34,770
Application Fee
$186
Rent Deposit
$4,500
Deposit Interest
$148
Total Owing
$30,309 (Owed to Landlord)
Source
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