Landlords Win Rent Dispute: Lewak v Azra 2023
Mississauga landlords awarded $1528 in rent arrears after evicting tenants
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 2651 Aquitaine Avenue, Mississauga, ON L5N1V5
Decision in favor of
landlord
Balance Owed to Landlords
$1,528
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2021
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Sep 8, 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants 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 Tenants did not void by paying the arrears. The Tenants had vacated the rental unit on July 14, 2021, prior to the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2021-07-14
- Lawful rent due on 1st of each month
- Rent arrears calculated up to move-out date
Case Study
The Tenants should have paid the rent arrears to void the N4 notice. The Tenants vacated the rental unit before the hearing date, and the Landlords were entitled to the rent arrears up to the move-out date. The Tenants' claims for reimbursement of the stove and door lock were dismissed as there was no agreement between the parties.
Arguments and Actions
Landlord
Arguments
Landlords argued there was no such agreement and the items were Tenants' property.
Tenant
Arguments
Tenants claimed there was an agreement with Landlords to reimburse them for the stove and door lock they purchased.
Actions
Tenants vacated the rental unit on July 14, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective July 14, 2021, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $1,527.80 to the Landlords, which represents the rent arrears owed up to the move-out date. The Tenants' claims for reimbursement of the stove and door lock were dismissed.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$2,450
Rent Arrears
$1,528
Total Owing
$1,528 (Owed to Landlords)
Source
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