Landlord Wins Non-payment Case: Liang v Beals 2023
Milton tenants evicted for non-payment of rent, owe $25702 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1652 Clitherow St, Milton, ON L9E0A2
Decision in favor of
landlord
Balance Owed to Landlord
$25,702
Dispute Categories
Notices Sent
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Timeline
Application Date
Sep 2022
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
Tenancy End Date
Oct 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlords also applied to terminate the tenancy due to persistent late payment of rent. At the hearing, the Landlords' representative agreed to withdraw the L2 application and proceed only with the L1 application for non-payment of rent.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,964 due on 20th of each month
- No payments made since application filed
Case Study
The Landlords served a valid N4 Notice and the Tenants did not void the notice by paying the rent arrears. The Tenants were still in possession of the rental unit at the time of the hearing. The Landlords were entitled to the rent arrears, application filing fee, and compensation for the Tenants' continued occupation of the unit. The Landlords were required to deduct the rent deposit and interest owed to the Tenants from the total amount owing.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent and remained in possession of the rental unit.
Decision Summary
The tenancy is terminated unless the Tenants pay $29,646 to void the order by October 14, 2023. If the Tenants do not pay, they must vacate the unit by October 14, 2023 and pay the Landlords $25,702.07, which includes rent arrears, application fee, and daily compensation for continued occupation, minus the rent deposit and interest owed to the Tenants.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$1,964
Rent Arrears
$29,460
Application Fee
$186
Rent Deposit
$1,900
Deposit Interest
$145
Total Owing
$25,702 (Owed to Landlord)
Source
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