Landlord Wins Non-payment Case: 1000257362 Ontario Inc. v Dane Wilson 2023
Kitchener tenant given 60-day extension to pay $6577 in rent arrears or be evicted
Summarized by RentZenLast updated: September 12, 2024
Case Summary
12 Brubacher St, Kitchener, ON N2H2V9
Decision in favor of
landlord
Balance Owed to Landlord
$6,577
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 28, 2023
Tenancy End Date
Jul 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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st 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 landlord was entitled to the rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant lost her job in May 2022 due to COVID-19 and had personal issues relating to sick relatives. She requested 60-90 days to either find alternative accommodations or pay back the rent arrears.
Decision Summary
The tenancy will be terminated on July 9, 2023 unless the tenant pays $8,711 by June 30, 2023 or $9,486 by July 9, 2023 to void the order. If the tenant does not pay, they must move out by July 9, 2023 and pay the landlord $6,577.19 plus daily compensation of $25.48 from May 9, 2023 until the move-out date.
Reason for Eviction Relief
The tenant lost her job due to COVID-19 and had personal issues, and was in the process of applying for rent assistance. The 60-day extension provided reasonable time for the tenant to either pay the arrears or find alternative accommodations without severely prejudicing the landlord.
Adjudicator Details
LTB Member
Total Orders
376
Landlord Favorable
94.7%
Tenant Favorable
1.9%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$775
Rent Arrears
$7,750
Application Fee
$186
Rent Deposit
$775
Deposit Interest
$13
Total Owing
$6,577 (Owed to Landlord)
Source
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