Landlord Wins Non-payment Case: The Effort Trust Company v Phillips 2023
LTB Rules on $7763 Rent Arrears: The Effort Trust Company v Phillips Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 30 King St E, Dundas, ON L9H5G6
Decision in favor of
landlord
Balance Owed to Landlord
$7,763
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Jan 2023
Hearing Date
Feb 2023
Order Date
Mar 8, 2023
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 vacated the rental unit on January 31, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $1,260 since application filed
- Tenant vacated on 2023-01-31
Case Study
The Landlord served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the arrears. The Tenant was in possession of the rental unit on the date the application was filed, but vacated the unit on January 31, 2023. The lawful rent was $1,291 per month, and the Tenant has paid $1,260 since the application was filed. The rent arrears owing up to January 31, 2023 are $8,851, and the Landlord is entitled to reimbursement of the $186 application filing fee. The Landlord collected a rent deposit of $1,199 from the Tenant, and interest on the deposit in the amount of $75.24 is owed to the Tenant.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on January 31, 2023 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective January 31, 2023, the date the tenant vacated the rental unit. The tenant is ordered to pay $7,762.76 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$1,291
Rent Arrears
$8,851
Application Fee
$186
Rent Deposit
$1,199
Deposit Interest
$75
Total Owing
$7,763 (Owed to Landlord)
Source
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