Landlord Wins Non-payment Case: Morgan v Patsy 2023
Brampton landlord wins $30886 judgment against tenants for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 9 George St N, Brampton, ON L6Y1P4
Decision in favor of
landlord
Balance Owed to Landlord
$30,886
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2021
Hearing Date
Nov 2022
Order Date
Jan 10, 2023
Tenancy End Date
Feb 2023
We estimate Application Date using rent arrears.
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 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 is $2,200 per month
- No rent payments made since application filed
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 still in possession of the rental unit at the time of the hearing. The landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant alleges landlord denied access to mailbox, but did not file s.82 issues in advance.
Decision Summary
The tenancy is terminated unless the tenant pays $30,886 to void the order by February 15, 2023. If the tenant does not pay, they must vacate the unit by February 25, 2023. The landlord is entitled to the rent arrears and application filing fee.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$2,200
Rent Arrears
$24,800
Application Fee
$186
Total Owing
$30,886 (Owed to Landlord)
Source
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