LAKE PROMENADE APARTMENTS LIMITED. v DASILVA - Landlord Wins Rent Arrears Case
Landlord wins $1938 in rent arrears case against Toronto tenants who vacated early
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 240 Lake Promenade, Toronto, ON M8W1B2
Decision in favor of
landlord
Balance Owed to Landlord
$1,938
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2021
Application Date
Dec 2022
Hearing Date
Nov 2023
Order Date
Dec 15, 2023
Dispute Summary
Landlord applied for an order requiring the Tenants to pay the rent they owed. The Tenants vacated the rental unit on May 31, 2021 after giving less than 60 days' notice, which is not in accordance with the Residential Tenancies Act.
Determinations
- Tenants did not pay full rent for May-June 2021
- Lawful rent is $1,737.40 per month
- Tenants made no payments since application filed
- Tenancy not lawfully terminated, ends June 30, 2021
- Tenants' notice of termination was less than 60 days
Case Study
The Tenants' notice of termination was less than 60 days and therefore did not comply with the Residential Tenancies Act. The Landlord took reasonable steps to mitigate its losses by advertising the unit and re-renting it after 3 months, even though it had to offer 2 months of free rent. The Landlord is entitled to the rent arrears up to June 30, 2021, which is the earliest termination date that could have been properly specified in a 60-day notice.
Arguments and Actions
Landlord
Actions
The Landlord advertised the unit for rent shortly after the Tenants moved out and was able to re-rent it after 3 months, but had to offer 2 months of free rent.
Tenant
Arguments
The Tenants argue that the Landlord did not do enough to accommodate them or mitigate its losses.
Actions
One of the Tenants lost his job, which resulted in the Tenants giving less than 60 days' notice to terminate the tenancy.
Procedural Errors
The Tenants gave less than 60 days' notice to terminate the tenancy, which does not comply with the Residential Tenancies Act.
Decision Summary
The Tenants are ordered to pay the Landlord $1,938.40, which includes the rent arrears up to June 30, 2021 and the application filing fee, minus the rent deposit. If the Tenants do not pay by December 26, 2023, they will owe interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,737
Rent Arrears
$3,475
Application Fee
$201
Rent Deposit
$1,737
Total Owing
$1,938 (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.