KILLAM APARTMENT REIT v Mohammad - 2023 LTB Ruling
Mississauga tenant ordered to pay $14159 or vacate unit for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1103 Silver Spear Rd, Mississauga, ON L4Y2W9
Decision in favor of
landlord
Balance Owed to Landlord
$14,159
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Aug 16, 2023
Tenancy End Date
Aug 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $7,700 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, minus the rent deposit and interest on the deposit. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant informed the Board that his kids would begin working in June and would be able to help pay the arrears.
Decision Summary
The tenancy will be terminated on August 27, 2023 unless the tenant pays $14,158.72 to void the order. If the tenant does not pay, they must move out by August 27, 2023 and pay the landlord $4,126.99, plus daily compensation of $54.91 per day starting March 29, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
192
Landlord Favorable
97.4%
Tenant Favorable
0.5%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,670
Rent Arrears
$5,622
Application Fee
$186
Rent Deposit
$1,493
Deposit Interest
$55
Total Owing
$14,159 (Owed to Landlord)
Source
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