Shepherd v Case - Landlord Wins $36125 Rent Dispute
Whitby landlords win $36125 rent dispute, tenants face eviction
Summarized by RentZenLast updated: November 3, 2024
Case Summary
32 Toscana Dr, Whitby, ON L1R3N6
Decision in favor of
landlord
Balance Owed to Landlord
$33,132
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2023
Hearing Date
Jun 2024
Order Date
Jun 26, 2024
Tenancy End Date
Jul 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 were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,125 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants have not made any payments since the application was filed.
Decision Summary
The tenancy is terminated unless the Tenants void the order by paying $36,311 by June 30, 2024 or $38,436 by July 1, 2024. If the Tenants do not void the order, they must vacate the unit by July 1, 2024 and pay the Landlords $33,132.20 plus daily compensation of $69.86 starting June 18, 2024.
Adjudicator Details
LTB Member
Total Orders
16
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$2,125
Rent Arrears
$36,125
Application Fee
$186
Rent Deposit
$2,100
Deposit Interest
$141
Total Owing
$33,132 (Owed to Landlord)
Source
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