Landlord Wins Rent Arrears Case Against Tenants in Brampton: Patel v Kaur 2022
Brampton landlords awarded $4119 in rent arrears from vacating tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
14 Archway Trail, Brampton, ON L6P4E3
Decision in favor of
landlord
Balance Owed to Landlord
$4,119
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2021
Tenancy End Date
Nov 2021
Hearing Date
Jan 2022
Order Date
Feb 18, 2022
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 failure to pay rent. The Tenants had vacated the rental unit on November 5, 2021, prior to the hearing date.
Determinations
- Interest owed on rent deposit from September 9, 2020 to September 13, 2021
- Landlord collected $1,300 rent deposit
- Monthly rent was $1,300
- Tenancy ended on November 5, 2021
- Tenants owed rent for July to November 2021
- Tenants vacated the rental unit on November 5, 2021
Case Study
The Landlord's evidence established that the Tenants owed rent arrears for the period from July 1, 2021 to November 5, 2021. The Tenants did not provide any evidence to support their claim that they had paid the rent. The Board found that the Landlord's application for rent arrears pursuant to section 87 of the Act should be granted.
Arguments and Actions
Landlord
Actions
Landlords testified that the tenants owed rent for July to November 2021 and that no payments were received.
Tenant
Arguments
Tenants argued that the application should be dismissed because they were not served a N4 notice of termination.
Actions
Tenants testified that they paid rent in cash each month, but provided no evidence to support this claim.
Decision Summary
The tenancy was terminated effective November 5, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $4,119.51 to the landlords, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,300
Rent Arrears
$3,155
Application Fee
$186
Rent Deposit
$1,300
Deposit Interest
$1
Total Owing
$4,119 (Owed to Landlord)
Source
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