Landlord Wins Non-payment Case: Medallion Corporation v Pethera Lanae Gaitor 2023
London tenant evicted for non-payment of rent, owes $4075 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 700 King St, London, ON N5W0A6
Decision in favor of
landlord
Balance Owed to Landlord
$4,075
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Mar 2023
Hearing Date
Apr 2023
Order Date
Apr 28, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant vacated the rental unit on March 17, 2023, 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 2023-03-17
- Lawful rent due on 1st of each month
- Tenant paid $1,200 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant 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
Tenant alleges she vacated the unit on November 23, 2022 and gave the keys to someone in the building's management office, but could not provide evidence to support this.
Decision Summary
The tenancy was terminated effective March 17, 2023, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $4,075.25 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.
Adjudicator Details
LTB Member
Total Orders
384
Landlord Favorable
95.3%
Tenant Favorable
2.3%
Mutual Agreement
2.3%
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Financial Details
Rent Arrears
$6,486
Application Fee
$186
Rent Deposit
$1,050
Deposit Interest
$36
Other Owed Amount
$20
NSF charges
Total Owing
$4,075 (Owed to Landlord)
Source
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