WCPT: Georgian Inc. DBA: Foundry Georgian v Bethanie Brereton - 2023 ONLTB 40371
Landlord wins non-payment case, tenant ordered to pay $183 in Barrie
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 308 Georgian Dr, Barrie, ON L4M7B7
Decision in favor of
landlord
Balance Owed to Landlord
$183
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2022
Tenancy End Date
Dec 2022
Hearing Date
May 2023
Order Date
May 29, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The parties disputed whether the Landlord served a valid N4 Notice and whether the Tenant paid the rent owing before the application was filed.
Determinations
- Tenant was in possession on application date
- Tenant vacated on 2022-12-31
- Lawful rent was $708 due on 1st of each month
- Tenant paid $708 after application filed
Case Study
The Landlord was permitted to file an application seeking outstanding arrears under the Act, which does not require serving an N4 Notice. Once the Tenant vacated the unit, the Landlord was entitled to seek the outstanding arrears, which the Tenant paid after the application was filed. The Landlord is entitled to the cost of filing the application.
Arguments and Actions
Landlord
Arguments
Landlord's representative submitted that the Tenant was served with a valid N4 Notice, and as the Tenant did not void the notice by paying the arrears, the Landlord was required to file the application, incurring the cost which the Tenant should be liable for.
Tenant
Arguments
Tenant argued that as she vacated the unit on December 31, 2022, the rent deposit should be applied to the last month's rent, leaving her without a balance to be paid. Since she paid all rent due, she should not be responsible for the application fee.
Actions
Tenant testified that she never received an N4 Notice and only became aware of it when the Board proceedings commenced.
Decision Summary
The tenancy is terminated effective December 31, 2022, the date the Tenant vacated the rental unit. The Tenant shall pay the Landlord $182.88, 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
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$708
Rent Arrears
$708
Application Fee
$186
Rent Deposit
$700
Deposit Interest
$11
Total Owing
$183 (Owed to Landlord)
Source
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