Landlord Wins Eviction Case: Moore v Williams 2023
Whitby tenants evicted for non-payment of rent, ordered to pay $10645 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
207 Rosedale Dr, Whitby, ON L1N1Z2
Decision in favor of
landlord
Balance Owed to Landlord
$10,645
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Nov 2022
Application Date
Dec 2022
Hearing Date
Jul 2023
Order Date
Oct 3, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord also applied for an order to recover costs for unpaid utilities and damages to the rental property.
Determinations
- Ainsley O'Neil Williams is a Tenant, not a Guarantor
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2022-11-20
- Lawful rent due on 1st of each month
- No payments made since application filed
- Landlord incurred costs for unpaid utilities
- Landlord incurred costs to replace damaged refrigerator
Case Study
The Landlord served a valid N4 notice, and the Tenants did not void the notice by paying the rent arrears. The Tenants were in possession of the rental unit when the application was filed. The Landlord is entitled to the rent arrears, utility costs, and costs to replace the damaged refrigerator.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on November 20, 2022.
Decision Summary
The tenancy is terminated effective November 20, 2022, the date the Tenants vacated the rental unit. The Tenants are ordered to pay the Landlord $10,644.56, which includes rent arrears, unpaid utilities, costs to replace a damaged refrigerator, and the application filing fee, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$1,620
Rent Arrears
$7,545
Application Fee
$186
Rent Deposit
$1,620
Deposit Interest
$17
Damages
$2,778
Other Owed Amount
$1,773
Unpaid utilities
Total Owing
$10,645 (Owed to Landlord)
Source
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