Last updated: July 26, 2024
Ordered by Arnab Quadry,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$4,134
to Landlord
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Citation: Sheikh v Dawar, 2021 CanLII 84057 (ON LTB)
File Number: HOL-07431-20
Application Date
May 2020
Tenancy End Date
Jun 2020
Hearing Date
Feb 2021
Order Date
Apr 9, 2021
The tenancy was terminated effective June 23, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $4,134.19 to the landlord, which includes rent arrears up to the move-out date and compensation, minus the rent deposit and interest on the deposit. The tenants must also pay $175 for the cost of filing the application.
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on June 23, 2020, prior to the hearing date.
Landlord provided evidence showing the Tenants owed $4,134.19 in rent arrears and compensation.
Landlord denied every allegation made by the Tenants and testified that he had never received any cash payments from the Tenants.
Landlord improperly applied the rent deposit to January 2020 instead of the last month of the tenancy.
Tenants claimed the total outstanding rent arrears were $2,418, as they had paid significant payments towards utilities which the Landlord was allegedly responsible for. Tenants also alleged the Landlord harassed and threatened them.
Tenants vacated the rental unit on June 23, 2020 without paying full rent arrears. Tenants claimed they made a $1,000 cash payment to the Landlord on May 5, 2020, but could not provide receipts.
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Rent Arrears
$3,519
Application Fee
$175
Rent Deposit
$2,300
Deposit Interest
$34
Other Amount
$2,949
Compensation from May 16, 2020 to June 23, 2020
Ordered Amount
$4,134 (to Landlord)
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