Landlord Wins Non-payment Case: 1254342 Ontario Inc. v Kicknosway 2023
Wallaceburg tenants evicted for non-payment of rent, owe $1073 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
715 Wallace St, Wallaceburg, ON N8A4Y1
Decision in favor of
landlord
Balance Owed to Landlord
$1,073
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
May 3, 2023
Tenancy End Date
May 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- Tenants paid $5,126 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, the cost of filing the application, and compensation for the tenant's continued occupation of the unit. The landlord was also entitled to the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy will be terminated on May 14, 2023 unless the tenants pay $2,732.09 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $1,072.80 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $34.07 for each day of occupation starting April 14, 2023.
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
$1,036
Rent Arrears
$2,521
Application Fee
$186
Rent Deposit
$999
Deposit Interest
$42
Total Owing
$1,073 (Owed to Landlord)
Source
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