South & Metcalfe Non Profit Housing Corporation v Whitehead - Rent Arrears Case
Non-profit housing corporation wins case against tenant who vacated unit with $3718 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 269 Metcalfe St S, Simcoe, ON N3Y5L1
Decision in favor of
landlord
Balance Owed to Landlord
$3,666
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2022
Tenancy End Date
Aug 2022
Hearing Date
Nov 2022
Order Date
Nov 22, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order requiring Tenant to pay the rent owed. Tenant had vacated the rental unit on August 1, 2022, prior to the hearing date. Tenant did not pay the total rent required for the period from April 1, 2021 to August 1, 2022.
Determinations
- Interest on rent deposit of $4.00 owing to Tenant
- Landlord collected rent deposit of $234.00
- Lawful rent is $576.00 due on 1st of each month
- No payments made since application filed
- Rent arrears and daily compensation owing to August 1, 2022 are $3,717.93
- Tenancy ended on August 1, 2022
- Tenant did not pay total rent required from April 1, 2021 to August 1, 2022
- Tenant vacated rental unit on August 1, 2022
- Tenant was in possession on application date
Case Study
The Tenant's absence at the hearing and failure to pay rent for an extended period led to the decision in favor of the Landlord. To potentially change the outcome, the Tenant could have attended the hearing, provided evidence of payments made, or demonstrated extenuating circumstances for non-payment.
Arguments and Actions
Landlord
Arguments
Landlord applied for an order requiring Tenant to pay the rent owed.
Actions
Landlord collected a rent deposit of $234.00 from the Tenant.
Tenant
Actions
Tenant did not pay the total rent required for the period from April 1, 2021 to August 1, 2022. Tenant vacated the rental unit on August 1, 2022, without fully paying rent arrears.
Procedural Errors
Tenant did not attend the hearing despite being properly served with notice.
Decision Summary
The Tenant is ordered to pay the Landlord $3,665.93, which includes rent arrears up to August 1, 2022, and the cost of the application, minus the rent deposit and interest owing. If the Tenant does not pay the full amount by December 3, 2022, interest will start accruing at 4.00% annually on the outstanding balance from December 4, 2022.
Adjudicator Details
LTB Member
Total Orders
122
Landlord Favorable
90.2%
Tenant Favorable
9.0%
Mutual Agreement
0.8%
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Financial Details
Lawful Rent
$576
Rent Arrears
$3,718
Application Fee
$186
Rent Deposit
$234
Deposit Interest
$4
Total Owing
$3,666 (Owed to Landlord)
Source
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