Gill v McDougall - Landlord's Eviction Application Dismissed
Landlord's eviction application dismissed as tenants vacated rental unit before termination date
Summarized by RentZenLast updated: September 12, 2024
Case Summary
8 Bethune Avenue, Welland, ON L3B0H5
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2021
Hearing Date
Jul 2023
Order Date
Aug 17, 2023
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 had vacated the rental unit prior to the hearing date, but the landlord and tenant disputed the exact date of vacating.
Determinations
- Landlord served valid N4 Notice
- Tenants vacated on 2021-02-01, prior to termination date
- Tenants not in possession when application filed
- Landlord's application dismissed
Case Study
The Landlord served a valid N4 notice, but the Tenants vacated the rental unit prior to the termination date in the notice. As the Tenants were not in possession of the rental unit when the application was filed, the Landlord's application is dismissed.
Arguments and Actions
Landlord
Actions
Landlord found some items in the rental unit in January 2022, but could not recall exactly when they visited the unit after serving the N4 notice.
Tenant
Actions
Tenants vacated the rental unit on February 1, 2021, prior to the termination date in the N4 notice.
Decision Summary
The Landlord's application is dismissed as the Tenants vacated the rental unit prior to the termination date in the N4 notice and were not in possession when the application was filed.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
Need assistance from an expert?
Sponsored
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.