Landlord Wins Non-payment Case: Natalie Wallace-schlieffer v Courtney Gibson 2023
Brampton tenant evicted for non-payment of rent, owes $4986 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
47 Cornwall Rd, Brampton, ON L6W1M8
Decision in favor of
landlord
Balance Owed to Landlord
$4,986
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Tenancy End Date
Dec 2022
Hearing Date
May 2023
Order Date
May 24, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on December 27, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-12-27
- Lawful rent due on 15th of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant vacated the rental unit before the hearing date, and the Landlord was entitled to the rent arrears up to the move-out date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on December 27, 2022, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective December 27, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $4,986.00 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
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$4,800
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$17
Total Owing
$4,986 (Owed to Landlord)
Source
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