Landlord Wins Rent Arrears Case: Xie v Lowden 2021
Grimsby tenant evicted for $13272 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
29 Lorne Avenue, Grimsby, ON L3M2H8
Decision in favor of
landlord
Balance Owed to Landlord
$13,272
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2020
Tenancy End Date
Mar 2021
Hearing Date
Mar 2021
Order Date
Apr 13, 2021
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 March 1, 2021, prior to the hearing date.
Determinations
- Tenant did not pay rent from July 1, 2020 to March 31, 2021
- Landlord served valid N4 Notice
- Tenant vacated on March 1, 2021
- Tenant was in possession when application filed
- Lawful monthly rent was $1,885
- Landlord held $1,850 rent deposit
- Interest owed on rent deposit from June 22, 2017 to June 30, 2020
- Tenant made no payments since application filed
- Landlord waived daily compensation for March 1, 2021
Case Study
The tenant failed to pay the full rent owed, resulting in the landlord serving a valid N4 notice. The tenant vacated the unit prior to the hearing, but still owes the landlord the outstanding rent and application fee.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on March 1, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective March 1, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $13,272.32 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
319
Landlord Favorable
90.3%
Tenant Favorable
4.4%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$1,885
Rent Arrears
$15,045
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$109
Total Owing
$13,272 (Owed to Landlord)
Source
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