Landlord Wins Rent Arrears Case: Kumaramasamy v Amiri 2023
Scarborough landlord awarded $13461 in rent arrears after evicting tenants for non-payment
Summarized by RentZenLast updated: September 12, 2024
Case Summary
14 Hogan Drive, Scarborough, ON M1G2H2
Decision in favor of
landlord
Balance Owed to Landlord
$13,461
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2020
Hearing Date
Jun 2021
Tenancy End Date
Sep 2021
Order Date
Oct 4, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord also applied to terminate the tenancy and evict the Tenants due to abandonment, substantial interference, and undue damage to the premises. Both applications were heard over multiple hearing dates.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2021-09-15
- Lawful rent was $1,700 due on 15th of each month
- Tenants paid $10,200 since application filed
- Landlord gave $1,700 credit for April 2020
Case Study
The Landlord served the Tenants with a valid N4 notice and the Tenants did not void the notice by paying the rent arrears. The Tenants were in possession of the rental unit on the date the application was filed and vacated on September 15, 2021. The Landlord responded to the Tenants' complaints about maintenance issues in a reasonable manner. The Tenants largely failed to demonstrate that the Landlord neglected their responsibilities under the Act.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on September 15, 2021 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective September 15, 2021, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $13,461 to the Landlord, which includes rent arrears up to the move-out date, the cost of filing the application, minus the rent deposit and interest on the deposit, and a rent abatement.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,700
Rent Arrears
$15,300
Application Fee
$201
Rent Deposit
$1,700
Deposit Interest
$68
Total Owing
$13,461 (Owed to Landlord)
Source
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