Anand v Fulton
Landlord wins · Mississauga · 2026-01-12
- Adjudicator
- Fotoula Hatzantonis
- Dispute
- Non-payment of Rent, Personal Use
- Notice
- Non-payment of rent (N4), Personal use (N12)
- Amount
- $5-10K
- Landlord
- D.P.A.
- Tenant
- E.O.D.F.
- Landlord rep
- Raman Anand
- Tenant rep
- Rebecca Foster
What happened
The Landlord applied for eviction based on non-payment of rent and personal use. During the proceedings, it was revealed the Tenant had passed away. The Landlord withdrew the personal use and damages claims but proceeded with the rent arrears application against the Tenant's estate. Family members of the deceased tenant remained in the unit and were subsequently found to be unauthorized occupants in a separate proceeding. The LTB determined the tenancy terminated 30 days after the Tenant's death and calculated arrears accordingly.
The ruling
The tenancy is terminated effective January 18, 2025. The Estate of the Tenant is ordered to pay the Landlord $8,476.72 by January 23, 2026. This amount represents rent arrears and the application filing fee, adjusted for the last month's rent deposit and nearly 20 years of accrued interest on that deposit. The Landlord's application for personal use was withdrawn.