Landlord Wins Non-payment Case: Always at Home Ltd v Rebecca Whatman 2023
Oshawa tenant evicted for non-payment of rent, ordered to pay $5457 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
196 Park Road North, Oshawa, ON L1J4L8
Decision in favor of
landlord
Balance Owed to Landlord
$5,457
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2022
Tenancy End Date
Oct 2022
Hearing Date
May 2023
Order Date
May 19, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant disputed the amount of rent arrears, claiming she had paid some rent via e-transfer, but could not provide proof. The Tenant eventually acknowledged owing $5,468 in rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-10-31
- Lawful rent $1,062 per month
- No payments made since application filed
Case Study
The Landlord served 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, and the Tenant vacated on October 31, 2022. The lawful rent was $1,062 per month, and the Tenant owed $6,372 in rent arrears up to the move-out date. The Landlord was entitled to the rent arrears, the application filing fee, and the rent deposit, minus the interest owed on the deposit.
Arguments and Actions
Tenant
Arguments
Tenant disputed the amount of rent arrears, claiming she had paid some rent via e-transfer, but could not provide proof.
Actions
Tenant vacated the rental unit on October 26, 2022 but did not contact the Landlord or return the keys.
Decision Summary
The tenancy was terminated effective October 31, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $5,457.11 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
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,062
Rent Arrears
$6,372
Application Fee
$186
Rent Deposit
$1,090
Deposit Interest
$11
Total Owing
$5,457 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.