Landlord Wins Non-payment Case: Rea v Ryckman 2023
Welland landlord awarded $1222 in rent arrears from vacated tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
50 Thorold Rd, Welland, ON L3C3T7
Decision in favor of
landlord
Balance Owed to Landlord
$1,222
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Jun 2022
Hearing Date
Jan 2023
Order Date
Mar 3, 2023
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 June 30, 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 2022-06-30
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the arrears. The Tenant was in possession of the rental unit on the date the application was filed, but had vacated the unit on June 30, 2022. The Tenant has not made any payments since the application was filed.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on June 30, 2022, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective June 30, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $1,222.82 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
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Rent Arrears
$2,659
Application Fee
$186
Rent Deposit
$1,575
Deposit Interest
$47
Total Owing
$1,222 (Owed to Landlord)
Source
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