Landlord Wins Non-payment and Utility Bill Case: Javadian v Larch 2024
Orleans tenants evicted for non-payment of rent and utility bills, owe $12534 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1863 Leclair Cres, Orleans, ON K1E3R8
Decision in favor of
landlord
Balance Owed to Landlord
$12,534
Dispute Categories
Notices Sent
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Timeline
Application Date
Jan 2023
Tenancy End Date
Aug 2023
Hearing Date
Jan 2024
Order Date
Feb 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent, substantial interference, and undue damage to the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-08-31
- Lawful rent $1,800 due on 1st of each month
- Tenants paid $3,000 since application filed
- Rent arrears $9,900 up to move-out date
- Landlord incurred $186 application filing fee
- Landlord held $1,500 rent deposit with $151.95 interest
- Landlord's claims for undue damage and substantial interference are moot as Tenants have vacated
- Tenants responsible for utility bills under lease agreement
- Landlord paid $4,100.32 in unpaid utility bills
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on August 31, 2023, without paying full rent arrears.
Decision Summary
The tenancy is terminated as of August 31, 2023, the date the Tenants vacated the rental unit. The Tenants must pay the Landlord $12,534.37, which includes rent arrears, utility costs, and the application filing fee. If the Tenants do not pay the full amount by February 24, 2024, they will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
37
Landlord Favorable
89.2%
Tenant Favorable
10.8%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,800
Rent Arrears
$9,900
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$152
Other Owed Amount
$4,100
Unpaid utility bills
Total Owing
$12,534 (Owed to Landlord)
Source
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