Landlord Wins Non-payment Case: Amiraco Properties Inc. v Capitano 2023
London tenant evicted for non-payment of rent, owes $7971 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
44 Genevive Cres, London, ON N5Y4A8
Decision in favor of
landlord
Balance Owed to Landlord
$7,971
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Jul 31, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $613.11 per month
- Tenant paid $1,582 since application filed
- Rent arrears owing to July 31, 2023 are $8,684.76
- Landlord incurred $186 in filing costs
- Landlord holds $541.82 rent deposit
- Interest on rent deposit is $108.03 owed to Tenant
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit at the time of the hearing, and the Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Decision Summary
The tenancy is terminated unless the Tenant pays $8,870.76 by July 31, 2023 or $9,483.87 by August 11, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by August 11, 2023 and pay the Landlord $7,970.68 plus daily compensation of $20.16 from July 19, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$613
Rent Arrears
$8,685
Application Fee
$186
Rent Deposit
$542
Deposit Interest
$108
Total Owing
$7,971 (Owed to Landlord)
Source
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