Landlord Wins Non-payment Case: Lin v Fan 2023
Toronto tenants evicted for non-payment of rent, owe $8901 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 75 St Nicholas St, Toronto, ON M4Y0A5
Decision in favor of
landlord
Balance Owed to Landlord
$8,901
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2023
Tenancy End Date
May 2023
Hearing Date
Jun 2023
Order Date
Oct 23, 2023
Dispute Summary
Landlord 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 May 14, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-05-14
- Lawful rent due on 10th of each month
- Tenants paid $9,600 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out date. The landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on May 14, 2023, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective May 14, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $8,900.54 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit, interest on the deposit, and a rent abatement of $1,330.41.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$3,200
Rent Arrears
$13,326
Application Fee
$186
Rent Deposit
$3,200
Deposit Interest
$81
Total Owing
$8,901 (Owed to Landlord)
Source
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