Landlord Wins Non-payment Case: Fong v Haghayeghy 2024
Scarborough tenants evicted for non-payment of rent, owe $7865 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 70 Cass Ave, Scarborough, ON M1T3P9
Decision in favor of
landlord
Balance Owed to Landlord
$7,865
Dispute Categories
Notices Sent
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Timeline
Application Date
Jul 2023
Tenancy End Date
Jul 2024
Hearing Date
Jul 2024
Order Date
Jul 23, 2024
Dispute Summary
The landlords applied to the Landlord and Tenant Board (LTB) for an order to terminate the tenancy and evict the tenant because the tenant did not pay the rent that the tenant owes.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2024-07-01
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant did not void the N4 notice by paying the rent arrears, and the tenant was in possession of the rental unit on the date the application was filed. The tenant vacated the rental unit on July 1, 2024, and the landlord is seeking rental arrears up to that date.
Decision Summary
The tenancy between the landlord and the tenant is terminated as of July 1, 2024, the date the tenant moved out of the rental unit. The tenant shall pay the landlord $7,864.98, which includes rent arrears owing up to the date the tenant moved out and the cost of filing the application. The rent deposit and interest the landlord owes on the rent deposit is deducted from the amount owing by the tenant.
Adjudicator Details
LTB Member
Total Orders
7
Landlord Favorable
42.9%
Tenant Favorable
0.0%
Mutual Agreement
57.1%
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Financial Details
Lawful Rent
$700
Rent Arrears
$8,400
Application Fee
$186
Rent Deposit
$700
Deposit Interest
$21
Total Owing
$7,865 (Owed to Landlord)
Source
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