2296342 Ontario Inc v Kruk - LTB Ruling on Non-payment of Rent
Landlord wins non-payment case against Kitchener tenants, but they are given chance to avoid eviction by paying arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 15 Dellroy Ave, Kitchener, ON N2A2S2
Decision in favor of
landlord
Balance Owed to Landlord
$926
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2024
Hearing Date
Jun 2024
Order Date
Jun 26, 2024
We estimate Application Date using rent arrears.
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
- Tenant paid $8,280 since application filed
Arguments and Actions
Tenant
Arguments
Tenant wanted to raise section 82 issues regarding maintenance issues in the rental unit.
Actions
Tenant stated she paid what she felt was reasonable due to issues in the rental unit.
Procedural Errors
Tenant did not serve and file a list of section 82 issues as required.
Decision Summary
The Landlord's application is granted, but the Tenants are afforded an opportunity to preserve their tenancy by paying the rent arrears and costs by June 30, 2024. If the Tenants fail to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
Reason for Eviction Relief
Tenant stated she could pay the balance owing by June 30, 2024
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,640
Rent Arrears
$740
Application Fee
$186
Other Owed Amount
$360
key lock change
Total Owing
$926 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.