Landlord Wins Rent Arrears Case: Phen v Polo 2021
Toronto tenant evicted for $26221 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
560 Front Street W, Toronto, ON M5V1C1
Decision in favor of
landlord
Balance Owed to Landlord
$26,221
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2020
Tenancy End Date
Jul 2021
Hearing Date
Dec 2021
Order Date
Dec 8, 2021
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 Tenant vacated the rental unit on July 18, 2021, prior to the hearing date.
Determinations
- Tenant has not paid rent from April 1, 2020 to December 31, 2021
- Landlord served valid Notice of Termination effective May 25, 2021
- Tenant vacated rental unit on July 18, 2021
- Tenant was in possession on application date
- Lawful monthly rent was $1,934.00
- Tenant made no payments since application was filed
- Landlord collected $1,900.00 rent deposit from Tenant
- Interest on rent deposit owed to Tenant from July 6, 2018 to May 25, 2021
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2020 to December 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective May 25, 2021. The Tenant vacated the rental unit on July 18, 2021, and was in possession of the rental unit on the date the application was filed. The Tenant has made no payments since the application was filed.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on July 18, 2021 without paying full rent arrears.
Decision Summary
The tenancy is terminated effective July 18, 2021, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $26,221.12 to the Landlord, 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. If the Tenant does not pay the full amount by December 19, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
546
Landlord Favorable
92.1%
Tenant Favorable
2.9%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,934
Rent Arrears
$24,766
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$78
Total Owing
$26,221 (Owed to Landlord)
Source
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