Gardwhit Holdings Inc v Moise - LTB Ruling on Non-payment of Rent
Whitby tenants evicted for $29500 in unpaid rent, ordered to pay landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2200 Garden St, Whitby, ON L1N3W4
Decision in favor of
landlord
Balance Owed to Landlord
$34,186
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Feb 2024
Order Date
Apr 8, 2024
Tenancy End Date
Apr 2024
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. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,250 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants claim they had an arrangement with previous landlord to have rent credited for cleaning services, but could not provide any evidence to support this.
Decision Summary
Unless the Tenant voids the order by paying $34,186 on or before April 19, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $27,879.82 in rent arrears and application costs, plus daily compensation of $73.97 from February 7, 2024 until the date they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
74.1%
Tenant Favorable
22.2%
Mutual Agreement
3.7%
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Financial Details
Lawful Rent
$2,250
Rent Arrears
$29,500
Application Fee
$186
Total Owing
$34,186 (Owed to Landlord)
Source
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