Landlord Wins Non-payment Case: Shpeley v Kheppar 2024
Mississauga tenant evicted for non-payment of rent, owes $2829 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3176 Seabright Dr, Mississauga, ON L5M0B4
Decision in favor of
landlord
Balance Owed to Landlord
$2,829
Dispute Categories
Notices Sent
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Timeline
Application Date
Feb 2023
Tenancy End Date
Feb 2023
Hearing Date
Aug 2023
Order Date
Jan 26, 2024
Dispute Summary
The Tenant filed a T2 application alleging the Landlord illegally entered the rental unit, substantially interfered with the Tenant's reasonable enjoyment, and harassed the Tenant. The Landlord filed an L1 application to terminate the tenancy and evict the Tenant for non-payment of rent. The applications were heard together.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-02-11
- Lawful rent due on 12th of each month
- No payments made since application filed
Case Study
The Tenant failed to prove the allegations in the T2 application on a balance of probabilities. The Landlord served a valid N4 notice and the Tenant did not void it by paying the arrears. The Tenant vacated the unit on February 11, 2023 and owes $2,829.38 to the Landlord.
Arguments and Actions
Tenant
Actions
Tenant barricaded access to the furnace room and changed the locks to the rental unit.
Decision Summary
The Tenant's T2 application is dismissed. The tenancy is terminated effective February 11, 2023 and the Tenant is ordered to pay $2,829.38 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit, interest on the deposit, and the security deposit.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,050
Rent Arrears
$4,200
Application Fee
$186
Rent Deposit
$1,050
Deposit Interest
$7
Other Owed Amount
$500
Security deposit
Total Owing
$2,829 (Owed to Landlord)
Source
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