Landlord Wins Non-payment Case: Sandhu v Lomoth klaehn 2024
Milton tenants evicted for non-payment of $71500 rent, owe $65979 to landlords
Summarized by RentZenLast updated: October 13, 2024
Case Summary
4182 Highway 7, Milton, ON N0B2K0
Decision in favor of
landlord
Balance Owed to Landlord
$65,979
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Feb 2024
Order Date
Mar 18, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants had advised they would vacate the rental unit on March 14, 2024, prior to the hearing date.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants advised they would vacate on 2024-03-14
- Lawful rent is $5,500 due on 15th of each month
- No payments made since application filed
Arguments and Actions
Tenant
Arguments
Tenants argued that they did not receive a copy of the new rental agreement, and therefore their obligation to pay rent was suspended under section 12(4) of the Act.
Actions
Tenants advised they would vacate the rental unit on March 14, 2024.
Decision Summary
The tenancy is terminated unless the Tenants pay $71,686 to void the order and continue the tenancy by March 25, 2024. If the Tenants do not void the order, they must pay $35,186 to the Landlords and vacate the unit by March 25, 2024. The Landlords are entitled to daily compensation of $180.82 for each day of occupation after March 15, 2024.
Adjudicator Details
LTB Member
Total Orders
86
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$5,500
Rent Arrears
$71,500
Application Fee
$186
Rent Deposit
$5,500
Deposit Interest
$207
Total Owing
$65,979 (Owed to Landlord)
Source
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