Landlord Wins Rent Arrears Case: Lake Promenade Apartments Limited v Brown 2023
Etobicoke landlord awarded $1304 in rent arrears and fees from tenant who vacated early
Summarized by RentZenLast updated: September 12, 2024
Case Summary
415-240 Lake Promenade, Etobicoke, ON M8W 1B2
Decision in favor of
landlord
Balance Owed to Landlord
$1,304
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Tenancy End Date
Mar 2023
Hearing Date
Sep 2023
Order Date
Oct 16, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
The landlord applied for an order requiring the tenant to pay the rent that the tenant owes. The tenant disputed the amount and testified that she had given her notice on January 21, 2023 to vacate the unit by the end of March, but had actually vacated the unit on February 28, 2023 to start a new tenancy on March 1, 2023.
Determinations
- Tenant did not pay full rent for February 1, 2023 to March 31, 2023
- Lawful rent is $1,127.40 per month, due on 1st of each month
- Tenant has not made any payments since application filed
- Tenancy ended on March 31, 2023 due to tenant moving out
- Tenant gave notice on January 21, 2023 to vacate by March 31, 2023
- Landlord did not agree to earlier termination date
Case Study
The tenant provided her notice to terminate the tenancy on January 21, 2023, with a termination date of March 31, 2023. The landlord did not agree to change the terms of that agreement, therefore the tenant's obligation to pay rent ended on that date.
Arguments and Actions
Tenant
Arguments
Tenant disputed the amount of rent arrears, arguing that she had given notice to vacate by the end of March but actually vacated in February.
Actions
Tenant testified that she had 'bungled' her notice and was trying to line up her finances for the move.
Decision Summary
The tenant shall pay the landlord $1,303.56, which includes rent arrears up to March 31, 2023 and the cost of the application, minus the rent deposit and interest owing. If the tenant does not pay the full amount by October 27, 2023, the tenant will start to owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$1,127
Rent Arrears
$2,255
Application Fee
$186
Rent Deposit
$1,114
Deposit Interest
$23
Total Owing
$1,304 (Owed to Landlord)
Source
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