Landlord Wins Non-payment Case: Rakhmanov v Harvey 2023
Scarborough tenants evicted for non-payment of rent, owe $19147 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1060 Sheppard Ave W, Toronto, ON M3J0G7
Decision in favor of
landlord
Balance Owed to Landlord
$19,147
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2022
Tenancy End Date
Dec 2022
Hearing Date
Jan 2023
Order Date
Jan 13, 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 December 31, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent 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 2022-12-31
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. The Tenant vacated the unit on December 31, 2022.
Arguments and Actions
Landlord
Actions
Landlord disputed Tenant's claim, stating that it was witnessed the Tenant was still accessing the unit up to the end of December 2022.
Tenant
Actions
Tenant testified she moved out in early December 2022 but was still moving larger items out until the end of December 2022. Tenant left the keys in the rental unit.
Decision Summary
The tenancy was terminated effective December 31, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $19,147.15 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,900
Rent Arrears
$20,900
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$38
Total Owing
$19,147 (Owed to Landlord)
Source
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