Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: 1000147224 Ontario Inc v Robertson 2024
Kitchener landlord wins eviction case against tenant for $2879 in unpaid rent
Summarized by RentZenLast updated: August 6, 2024
Case Summary
50 Stirling Avenue South, Kitchener, ON N2G3N9
Decision in favor of
landlord
Balance Owed to Landlord
$3,705
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Jul 29, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenant did not void the notices by paying the arrears.
Determinations
- Lawful monthly rent is $624.40
- Landlord's 2023 rent increase was unlawful
- Tenant paid $4,395.20 after application filed
- Tenant owes $2,879.20 in unpaid rent
- Tenant did not persistently pay rent late
Arguments and Actions
Tenant
Actions
Tenant only made partial payments since December 2022 and paid no rent at all for May 2023, January 2024 and March 2024.
Decision Summary
The Landlord's L2 application for persistent late payment is dismissed. The tenancy is terminated unless the Tenant pays $3,704.60 by July 31, 2024 or $4,329 by August 9, 2024 to void the order. If the Tenant does not pay, they must vacate by August 9, 2024 and pay the Landlord $1,818.50 plus $20.53 per day of occupation after June 6, 2024.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$624
Rent Arrears
$7,899
Application Fee
$201
Rent Deposit
$560
Deposit Interest
$180
Total Owing
$3,705 (Owed to Landlord)
Source
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