Centurion Property Associates Inc v Goncalves - LTB Ruling on Rent Arrears
Landlord wins rent dispute against tenant in Whitby, tenant ordered to pay $1037 in arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
707 Dundas St W, Whitby, ON L1N2N3
Decision in favor of
landlord
Balance Owed to Landlord
$1,037
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Oct 2023
Order Date
Oct 30, 2023
We estimate Application Date using rent arrears.
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, but the Tenant disputed the lawful rent amount and the rent increase notices.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Rent lawfully increased to $1,684.98 effective 2022-01-01
- Rent lawfully increased to $1,727.10 effective 2023-01-01
- Tenant in possession on application date
- Lawful rent due on 1st of each month
Case Study
The Landlord validly served the Tenant with N1 notices of rent increases in 2021 and 2022. The Tenant is in arrears of rent as he has been paying the original rent amount since the start of the tenancy. The Landlord is entitled to the rent arrears and costs of filing the application.
Arguments and Actions
Tenant
Arguments
Tenant argued he never received the first N1 notice, rendering the second N1 notice defective.
Actions
Tenant disputed the lawful rent amount and the rent increase notices.
Decision Summary
The Tenant is ordered to pay $1,037.08 in rent arrears and costs to the Landlord in installments by October 1, 2024. The Tenant must also pay new rent on time and in full during this period. If the Tenant fails to make any payment, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Reason for Eviction Relief
Tenant able to pay arrears in installments
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,727
Rent Arrears
$851
Application Fee
$186
Total Owing
$1,037 (Owed to Landlord)
Source
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