Landlord Wins Non-payment Case: Barber v Dykstra 2023
Tillsonburg tenants evicted for non-payment of rent, owe $9165 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
8 Wren Crt, Tillsonburg, ON N4G5K2
Decision in favor of
landlord
Balance Owed to Landlord
$9,165
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Feb 2023
Tenancy End Date
Feb 2023
Order Date
Oct 27, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on February 28, 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 2023-02-28
- Lawful rent due on 1st of each month
- Tenants paid $1,000 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on February 28, 2023, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective February 28, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $9,164.72 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
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$1,518
Rent Arrears
$10,844
Application Fee
$186
Rent Deposit
$812
Deposit Interest
$53
Total Owing
$9,165 (Owed to Landlord)
Source
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