Landlord Wins Rent Dispute: Neves v O'Kane 2023
Landlords awarded $186 application fee in Vanier non-payment dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
314 Richelieu Ave, Vanier, ON K1L6J9
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Mar 2023
Order Date
May 3, 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlords served the Tenant with a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid arrears after application filed
Case Study
The Tenant paid the rent arrears after the application was filed, so the order will be limited to the Landlords' cost of filing the application and not eviction.
Arguments and Actions
Tenant
Actions
Tenant testified that all arrears for the period ending August 31, 2022 were paid on August 19, 2022.
Decision Summary
The Tenant paid the rent arrears after the application was filed, so the order is limited to the Landlords' cost of filing the application. The Tenant is ordered to pay $186 to the Landlords for the application fee.
Adjudicator Details
LTB Member
Total Orders
183
Landlord Favorable
94.0%
Tenant Favorable
0.6%
Mutual Agreement
5.5%
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Financial Details
Lawful Rent
$1,594
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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