Landlord Wins Non-payment Case: Shukla v West 2023
LTB Rules on $22519 Rent Arrears: Shukla v West Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 24 Flowertown Ave, Brampton, ON L6X2K2
Decision in favor of
landlord
Balance Owed to Landlord
$22,519
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2022
Hearing Date
Jan 2023
Order Date
Apr 4, 2023
Tenancy End Date
Apr 2023
We estimate Application Date using rent arrears.
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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $2,200 rent deposit and $66.48 in interest
- Landlord incurred $186 in application filing fees
- Landlord served valid N4 Notice
- Lawful rent is $2,200 per month
- Rent arrears owing to January 31, 2023 are $24,600
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $1,500 since application filed
Case Study
The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant due to non-payment of rent.
Arguments and Actions
Landlord
Actions
Landlord testified that the last rent payment he received from the Tenant was August 2022, and that he had never received a request from Peel Housing for information. Landlord testified that he is experiencing significant prejudice, as he is paying a mortgage, taxes, and utilities for the property which must be financed through a line of credit, and he is receiving no rental income.
Tenant
Arguments
Tenant submitted that she was to begin a new job on February 13, 2023 which would assist her to pay January and February rent.
Actions
Tenant testified that there were originally 4 tenants in the rental unit, but they moved out. Tenant also testified that she was eligible for assistance from Peel Housing, but a rent ledger was never provided by the Landlord.
Decision Summary
The tenancy is terminated unless the Tenant pays $31,386 (less any payments made since the hearing) on or before April 15, 2023 to void the order and continue the tenancy. If the Tenant does not pay this amount, the Tenant must move out by April 15, 2023 and pay the Landlord $22,519.52 (less any payments made since the hearing). The Tenant must also pay daily compensation of $72.33 for each day of occupation starting February 1, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$24,600
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$66
Total Owing
$22,519 (Owed to Landlord)
Source
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