Landlord Wins Costs in Alliston Non-payment Case: Lundy v Miller 2024
Landlord awarded costs in Alliston non-payment case, no eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
82 Victoria Street East, Alliston, ON L9R1L3
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Hearing Date
May 2024
Order Date
Jun 7, 2024
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 were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid arrears after application filed
Decision Summary
The Landlord's application was limited to costs only and not eviction, as the Tenants paid all arrears for the period ending May 31, 2024, after the application was filed. The Tenants are ordered to pay $186.00 to the Landlord for the cost of filing the application. If the Tenants do not pay the full amount by June 18, 2024, they will start to owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
32
Landlord Favorable
78.1%
Tenant Favorable
12.5%
Mutual Agreement
9.4%
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Financial Details
Lawful Rent
$1,786
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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