Landlord Wins Rent Dispute: Iafolla v Desmier 2024
Mississauga tenants ordered to pay $8311 in rent arrears, face eviction for non-payment
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2655 Gananoque Dr, Mississauga, ON L5N3A6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Aug 22, 2024
Tenancy End Date
Sep 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants requested a review of the order, claiming they were not properly served the N4 notice and were not aware of the hearing. The Landlord claimed the monthly rent was $2,000, while the Tenants claimed it was $1,625.
Determinations
- N4 notice was properly served on August 3, 2023
- Tenants were aware of the hearing on April 10, 2024
- Rent is $1,625 per month, not $2,000
- No proof of overpayments by Tenants
Arguments and Actions
Landlord
Actions
Landlord claims the monthly rent is $2,000 and the Tenants owe $8,000 in rent arrears.
Tenant
Arguments
Tenants argue the monthly rent is $1,625, not $2,000, and they made overpayments that should offset the rent arrears.
Actions
Tenants claim they were not aware of the N4 notice and the hearing on April 10, 2024.
Decision Summary
The request to review the order on the ground of inability to participate is denied. The request to review on the ground of serious error is granted in part. The monthly rent is $1,625, not $2,000. There were no overpayments by the Tenants. The order is amended accordingly.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$1,625
Rent Arrears
$8,125
Application Fee
$186
Total Owing
$8,311 (Owed to Landlord)
Source
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