Landlord Wins Non-payment and Persistent Late Payment Case: District Realty In Trust v Hall 2023
Ottawa tenant evicted for non-payment and persistent late payment of rent, ordered to pay $9909 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 285 Loretta Avenue, Ottawa, ON K1S5A5
Decision in favor of
landlord
Balance Owed to Landlord
$9,909
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2022
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 14, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant vacated the rental unit on July 31, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-07-31
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant 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.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on July 31, 2022, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective July 31, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $9,908.83 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,401
Rent Arrears
$11,107
Application Fee
$186
Rent Deposit
$1,384
Total Owing
$9,909 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.