Landlord Wins Rent Dispute: Del Condominium Rentals Inc. v Bohr-lee 2023
Toronto tenants ordered to pay $30012 for non-payment of rent, granted $1000 rent abatement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
511 Howland Ave, Toronto, ON M5R0C3
Decision in favor of
landlord
Balance Owed to Landlord
$30,012
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Hearing Date
Nov 2023
Tenancy End Date
Nov 2023
Order Date
Dec 4, 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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $14,735 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Arguments
Landlord argued that the rental unit is in a new condominium building and the lease states that amenities are subject to change.
Tenant
Arguments
Tenant argued for rent abatements due to maintenance issues with lights, electrical outlets, and pool not being open.
Actions
Tenants vacated the rental unit on November 30, 2023.
Decision Summary
The tenancy was terminated effective November 30, 2023, the date the tenants agreed to vacate the rental unit. The tenants are ordered to pay $30,011.60 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The landlord was ordered to pay a $1,000 rent abatement to the tenants.
Reason for Eviction Relief
The Tenant states that he is vacating the rental unit on November 30, 2023 and is "okay with that date" to terminate the tenancy and move out of the rental unit.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$4,700
Rent Arrears
$36,965
Application Fee
$186
Rent Deposit
$4,700
Deposit Interest
$174
Other Owed Amount
$35
NSF charges
Total Owing
$30,012 (Owed to Landlord)
Source
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