Landlord Wins Non-payment Case: Do v Abouelkhir 2024
Mississauga tenants evicted for non-payment of rent, owe $2024 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
3621 Jorie Cres, Mississauga, ON L5M7G7
Decision in favor of
landlord
Balance Owed to Landlord
$2,024
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2023
Tenancy End Date
Jun 2023
Hearing Date
Feb 2024
Order Date
Apr 17, 2024
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 non-payment of rent and the Landlord's good faith requirement of the rental unit for personal use. The Landlord withdrew the personal use application as the Tenants had already vacated the rental unit. The Landlord served a valid N4 notice for non-payment of rent, 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
- Tenants vacated on 2023-06-12
- Lawful rent is $3,750 due on 28th of each month
- No payments made since application filed
Arguments and Actions
Landlord
Procedural Errors
The Landlord was not aware of proper legalities with respect to the LMR and the issuance of N12 notices, until she obtained legal counsel.
Tenant
Arguments
The tenancy agreement and the prepaid rent were not in accordance with the Act as the tenancy agreement was a Standard Lease form and it was illegal to request prepaid rent from the Tenant.
Actions
Tenants vacated the rental unit on June 12, 2023.
Decision Summary
The tenancy was terminated effective June 12, 2023, the date the Tenants vacated the rental unit. The Tenants owe the Landlord $2,023.74, 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. If the Tenants do not pay the full amount by May 5, 2024, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$3,750
Rent Arrears
$3,750
Application Fee
$186
Rent Deposit
$22,500
Deposit Interest
$135
Total Owing
$2,024 (Owed to Landlord)
Source
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