Landlord Wins Non-payment Case: Pavone v Yesilova 2023
Landlord wins $11179 in Ottawa rent dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2 Florence Street, Ottawa, ON K1R5N3
Decision in favor of
landlord
Balance Owed to Landlord
$11,179
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Tenancy End Date
Jan 2022
Hearing Date
Oct 2022
Order Date
Mar 30, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on January 10, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent was $1,500 due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-01-10
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. The Tenant was in possession of the rental unit on the date the application was filed, but had vacated the unit on January 10, 2022. The Tenant has not made any payments since the application was filed.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on January 10, 2022 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective January 10, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $11,179.20 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
33
Landlord Favorable
81.8%
Tenant Favorable
15.2%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,500
Rent Arrears
$10,993
Application Fee
$186
Total Owing
$11,179 (Owed to Landlord)
Source
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