Landlord Wins Rent Arrears Case: Sanguedolce v Genova
LTB Rules on $4451 Rent Arrears: Sanguedolce v Genova Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2937 Islington Avenue, North York, ON M9L 2K3
Decision in favor of
landlord
Balance Owed to Landlord
$4,451
Dispute Categories
Notices Sent
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Timeline
Application Date
Oct 2020
Hearing Date
Jul 2021
Tenancy End Date
Sep 2021
Order Date
Jan 12, 2022
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 September 6, 2021, prior to the hearing date.
Determinations
- Landlord served N4 Notice
- Monthly rent is $2,850
- Tenant did not pay rent from October 1, 2020 to October 31, 2021
- Tenant paid $22,879 after application filed
- Tenant vacated unit on September 6, 2021
- Tenant was in possession on application date
Case Study
The N4 Notice was invalid as it included unpaid utilities, but the issue of termination was rendered moot when the tenant vacated the unit. The order is limited to rent arrears and costs only, not eviction.
Arguments and Actions
Landlord
Procedural Errors
N4 Notice was invalid as it included unpaid utilities
Tenant
Actions
Tenant vacated the rental unit on September 6, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective September 6, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $4,451 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
314
Landlord Favorable
90.8%
Tenant Favorable
5.7%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$2,850
Rent Arrears
$4,265
Application Fee
$186
Total Owing
$4,451 (Owed to Landlord)
Source
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