Landlord Wins Non-payment Case: Danbar Property Holdings II LP v Ali 2023
Scarborough tenants evicted for non-payment of rent, owe $10903 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 3967 Lawrence Ave E, Scarborough, ON M1G1S2
Decision in favor of
landlord
Balance Owed to Landlord
$10,903
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Tenancy End Date
Sep 2023
Hearing Date
Sep 2023
Order Date
Oct 25, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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 September 6, 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 2023-09-06
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant did not provide evidence to support the claim of a valid assignment of the tenancy. The landlord served a valid N4 notice and the tenants did not void the notice by paying the arrears. 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, as well as the cost of filing the application and NSF charges.
Arguments and Actions
Tenant
Actions
Tenant Antigona Ali testified that she assigned the tenancy to a friend, Naila Shaikh, but did not provide evidence to support this claim.
Decision Summary
The tenancy was terminated effective September 6, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $10,903.39 to the landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and NSF charges, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$2,641
Rent Arrears
$13,396
Application Fee
$186
Rent Deposit
$2,641
Deposit Interest
$67
Other Owed Amount
$30
NSF charges
Total Owing
$10,903 (Owed to Landlord)
Source
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