Landlord Wins Rent Arrears Case: Rocca v Simpson 2024
Sudbury tenants evicted for non-payment of rent, owe $5205 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2949 Regent St, Sudbury, ON P3E5H6
Decision in favor of
landlord
Balance Owed to Landlord
$5,205
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2023
Tenancy End Date
Nov 2023
Hearing Date
Jan 2024
Order Date
Jan 23, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants had vacated the rental unit on November 14, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-11-14
- Lawful rent due on 1st of each month
- No payments made since application filed
Case Study
The Tenants' attempt to notify the Landlord by contacting their brother was insufficient. The Tenants were in possession of the rental unit until November 14, 2023, when the Landlord knew or ought to have known they had vacated. The Landlord had opportunities to follow up on the utility account being switched but remained wilfully blind to the Tenants vacating.
Arguments and Actions
Landlord
Actions
Landlord was unaware of Tenants vacating until November 14, 2023 when utility account was switched.
Tenant
Actions
Tenants vacated the rental unit on September 1, 2023, but did not properly notify the Landlord.
Procedural Errors
Tenants did not properly notify Landlord of vacating the unit.
Decision Summary
The tenancy was terminated effective November 14, 2023, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $5,204.76 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
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,150
Rent Arrears
$6,317
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$48
Total Owing
$5,205 (Owed to Landlord)
Source
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