Landlord Wins Non-payment and Persistent Late Payment Case: Kok Wai Lai v Symone McFarlane 2023
Markham tenant evicted for non-payment and persistent late payment of rent, ordered to pay $4639 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 111 Upper Duke Crescent, Markham, ON L6G0C8
Decision in favor of
landlord
Balance Owed to Landlord
$4,639
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2022
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jun 30, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent and persistent late payment of rent. The landlord also claimed charges related to NSF cheques.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-08-31
- Lawful rent is $2,200 due on 1st of each month
- No payments made since application filed
- Rent arrears to 2022-08-31 are $6,600
- Landlord entitled to $80 for NSF charges
- Landlord entitled to $186 for application filing fee
- Landlord held $2,200 rent deposit
- Interest on rent deposit is $27.34
Case Study
The landlord served the tenant with a valid N4 notice for non-payment of rent. The tenant did not void the notice by paying the arrears. The tenant was in possession of the rental unit on the date the application was filed. The tenant vacated the unit on August 31, 2022, and the rent arrears are calculated up to that date. The landlord is entitled to the rent arrears, NSF charges, and application filing fee, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on August 31, 2022.
Decision Summary
The tenancy is terminated effective August 31, 2022, the date the tenant vacated the rental unit. The tenant is ordered to pay $4,638.66 to the landlord, which includes rent arrears up to the move-out date, NSF charges, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,200
Rent Arrears
$6,600
Application Fee
$186
Rent Deposit
$2,200
Deposit Interest
$27
Other Owed Amount
$80
NSF charges
Total Owing
$4,639 (Owed to Landlord)
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.