Landlord Wins Non-payment Case: Loker v Nayef 2023
Unionville landlord wins $3321 in rent arrears case against tenant
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 72 Ashglen Way, Unionville, ON L3R3A7
Decision in favor of
landlord
Balance Owed to Landlord
$3,321
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Sep 2022
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Nov 15, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference. The Tenant vacated the rental unit on September 2, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-09-02
- Lawful rent $895 due on 1st of each month
- No payments made since application filed
Case Study
The Landlord served a valid N4 notice and the Tenant did not void the notice by paying the rent arrears. The Tenant was in possession on the application date but had vacated the unit by the hearing date. The Landlord was entitled to the rent arrears up to the move-out date and the application filing fee, minus the rent deposit and interest. The Landlord's claim for damages was dismissed due to lack of evidence.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on September 2, 2022.
Decision Summary
The tenancy was terminated effective September 2, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $3,320.99 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Landlord's claim for damages was dismissed.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$895
Rent Arrears
$3,639
Application Fee
$186
Rent Deposit
$500
Deposit Interest
$4
Total Owing
$3,321 (Owed to Landlord)
Source
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