Landlord Wins Non-payment Case: WCPT Taylorwood I Inc. v Dehaney 2023
LTB Rules on $2214 Rent Arrears: WCPT Taylorwood I Inc. v Dehaney Case Study
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 2019 Simcoe Street North, Oshawa, ON L1G3Z2
Decision in favor of
landlord
Balance Owed to Landlord
$2,213
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Tenancy End Date
Aug 2022
Hearing Date
Jan 2023
Order Date
Feb 15, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 had vacated the rental unit on August 27, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-08-27
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 had vacated the unit on August 27, 2022. The Tenant has not made any payments since the application was filed. The Landlord is entitled to reimbursement of the application filing fee, and the rent deposit is applied to the arrears of rent.
Arguments and Actions
Tenant
Actions
Tenant stated she was a post-secondary student and requested an extension of time to pay due to her financial circumstances.
Decision Summary
The tenancy was terminated effective August 27, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $2,213.51 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. The tenant will start owing interest at 5% per annum on the outstanding balance if the full amount is not paid by April 26, 2023.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$769
Rent Arrears
$2,805
Application Fee
$186
Rent Deposit
$769
Deposit Interest
$9
Total Owing
$2,213 (Owed to Landlord)
Source
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