Landlord Wins Rent Arrears Case: Skalnik v Rosen 2022
LTB denies tenant's request to review order for rent arrears after tenant vacated unit
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 25 The Esplanade, Toronto, ON M5E1W5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Tenancy End Date
Apr 2021
Hearing Date
Feb 2022
Order Date
Apr 27, 2022
Dispute Summary
Landlords 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 disputed as being invalid.
Determinations
- Tenant vacated the rental unit on April 24, 2021, several months before the Board's hearing.
- Since the Tenant vacated the rental unit, the Landlord's application was no longer for eviction, but rather for arrears only.
- The validity of the N4 Notice of Termination was no longer a consideration for the hearing or the Board's order.
- The Landlord's L1 application became an L9 application for arrears of rent because the Landlord was no longer seeking eviction.
- The Board's calculations of the arrears of rent set out in the order were correct based on the evidence adduced at the hearing.
- There was no serious error in the order or the proceedings.
Case Study
The Tenant's Representative submitted that the order contained a serious error because the N4 Notice of Termination, which formed the basis of the Landlord's L1 application, was invalid. The Tenant's Representative argued that due to the N4 Notice being invalid, the Board did not have the jurisdiction or legal authority to make a decision on the Landlord's L1 application.
Arguments and Actions
Tenant
Arguments
The Tenant's Representative submits that the order contains serious error because the N4 Notice of Termination which forms the basis of the Landlord's L1 application was invalid.
Decision Summary
The request to review order TSL-21121-21 issued on February 23, 2022, is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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