Maxima Holdings Corp. v Vliet - LTB Ruling on Rent Arrears
Landlord awarded $3821 in rent arrears from tenant, but tenancy not terminated
Summarized by RentZenLast updated: November 3, 2024
Case Summary
19 Lakeshore Rd W, Port Colborne, ON L3K2S2
Decision in favor of
landlord
Balance Owed to Landlord
$3,821
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Jun 13, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant was not present at the hearing, although properly served with notice.
Determinations
- Tenant was in possession on application date
- Tenant has not paid rent from August 1, 2023 to April 30, 2024
- Tenant paid $4,800 after application was filed
- Lawful monthly rent is $1,101.50
- Landlord is not holding last month's rent deposit
- N4 Notice was invalid due to error in rent amount
Case Study
The N4 Notice of Termination contained an error in the monthly rent amount claimed, rendering the notice invalid. The Landlord's agent requested to amend the application to an L9 application for arrears only, without seeking eviction.
Arguments and Actions
Landlord
Procedural Errors
The N4 Notice contained an error in the rent amount claimed, rendering it invalid.
Tenant
Actions
Tenant did not pay rent from August 1, 2023 to April 30, 2024.
Decision Summary
The N4 Notice of Termination was found to be invalid due to an error in the rent amount claimed. The Landlord's agent requested to amend the application to an L9 application for arrears only, without seeking eviction. The Tenant was ordered to pay the Landlord $3,821.06 in rent arrears and application costs. If the Tenant does not pay by the due date, they will owe interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,102
Rent Arrears
$8,812
Application Fee
$186
Total Owing
$3,821 (Owed to Landlord)
Source
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