Landlord Wins Rent Arrears Case: Ferawana v Krumholtz 2023
Sarnia tenants ordered to pay $35000 in rent arrears to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1867 Lakeshore Rd, Sarnia, ON N7T7H6
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Tenancy End Date
May 2023
Hearing Date
Jun 2023
Order Date
Jun 29, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. Tenants also applied for orders related to the Landlord's failure to meet maintenance obligations and substantial interference with their reasonable enjoyment of the rental unit.
Determinations
- Tenants vacated rental unit on 2023-05-09
- Lawful rent was $2,282.06 per month
- Tenants paid $4,453.40 since application filed
- Rent arrears owed to 2023-05-09 was $38,420.73
- Landlord entitled to $186 application filing fee
- Landlord to refund $2,200 rent deposit and $77.93 interest
- Total amount owing capped at $35,000 due to LTB monetary limit
Case Study
The Tenants had already vacated the rental unit, so the issue of eviction was no longer relevant. The Landlord was entitled to an order for the rent arrears owed up to the date the Tenants vacated. The Tenants' challenge to the rent increase was dismissed as they did not file an application within the one-year limitation period under the Act.
Decision Summary
The tenancy was terminated effective May 9, 2023, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $35,000 to the Landlord, 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.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$2,282
Rent Arrears
$38,421
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$78
Total Owing
$35,000 (Owed to Landlord)
Source
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