Landlord Wins Eviction Case: avolio v Castaneda 2024
London tenants face $16228 in costs for non-payment of rent and utilities, evicted by LTB
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1029 York St, London, ON N5W2T4
Decision in favor of
landlord
Balance Owed to Landlord
$16,228
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Jun 2023
Tenancy End Date
Jun 2023
Hearing Date
Feb 2024
Order Date
Apr 12, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent, persistent late payment, and substantial interference. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on June 9, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-06-09
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant failed to pay utility bills
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on June 9, 2023, without paying full rent arrears.
Decision Summary
The tenancy is terminated as of June 9, 2023, the date the Tenant moved out. The Tenant must pay the Landlord $16,227.82, which includes rent arrears, utility costs, and the cost of filing the application, minus the rent deposit and interest on the deposit. If the Tenant does not pay the full amount by April 23, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Lawful Rent
$2,450
Rent Arrears
$15,925
Application Fee
$186
Rent Deposit
$2,450
Deposit Interest
$58
Other Owed Amount
$1,881
Unpaid utility charges
Total Owing
$16,228 (Owed to Landlord)
Source
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