Landlord Wins Rent Arrears and Personal Use Case: Gilbert v Cooper 2024
Toronto tenant ordered to pay $1386 in rent arrears after moving out before lease termination date
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 350 Jones Ave, Toronto, ON M4J3G3
Decision in favor of
landlord
Balance Owed to Landlord
$1,386
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2023
Tenancy End Date
Jun 2023
Hearing Date
May 2024
Order Date
Sep 5, 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 Tenant for personal use, and to claim rent arrears and daily compensation. Parties disputed the exact date of tenant's move-out.
Determinations
- Tenant vacated rental unit on June 1, 2023
- Tenancy terminated on June 30, 2023
- Landlord discovered move-out on October 23, 2023
- Rent arrears for May 2023 confirmed
- No daily compensation owed
Case Study
The key issues were determining the exact date of tenant's move-out and when the tenancy legally terminated.
Arguments and Actions
Landlord
Arguments
Landlord argued tenant remained in possession until October 23, 2023.
Actions
Landlord discovered tenant's move-out during routine inspection on October 23, 2023.
Tenant
Arguments
Tenant claimed she informed landlord about move-out through a family member.
Actions
Tenant moved out on June 1, 2023, left keys inside the unit, and began packing before receiving second N12 notice.
Procedural Errors
Did not provide formal written notice of termination
Decision Summary
Tenant ordered to pay $1,386.00 in rent arrears and application costs by September 16, 2024, with 7% interest starting September 17, 2024 if not paid in full.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,200
Rent Arrears
$1,200
Application Fee
$186
Total Owing
$1,386 (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.