Homestead Land Holdings Limited v Raymond - LTB Ruling on Non-payment of Rent
Landlord wins $2180 in rent arrears case against tenant in Kanata
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 100 Weeping Willow Lane, Kanata, ON K2K1E5
Decision in favor of
landlord
Balance Owed to Landlord
$2,180
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2022
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 12, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The landlord served a valid N4 notice, and the tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-10-03
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenant vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on October 3, 2022 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective October 3, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $2,179.56 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
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$1,867
Rent Arrears
$3,856
Application Fee
$186
Rent Deposit
$1,847
Deposit Interest
$16
Total Owing
$2,180 (Owed to Landlord)
Source
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