Landlord and Tenant Board Splits Rent Arrears in Kitchener Dispute: 2773378 Ontario Inc. v Falles and Martinak 2022
LTB Splits Rent Arrears in Kitchener Tenancy Termination Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
42 Lewis Crescent, Kitchener, ON N2A2T6
Dispute resolved in
agreement
Balance Owed to Landlord
$3,761
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2021
Tenancy End Date
Nov 2021
Hearing Date
Jan 2022
Order Date
Jan 13, 2022
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 had vacated the rental unit on November 30, 2021, prior to the hearing date.
Determinations
- Interest owed on rent deposit from 2020-06-15 to 2021-09-18
- Landlord held $2,700 rent deposit
- Landlord incurred $186 in application filing costs
- Landlord served valid N4 Notice
- Lawful monthly rent was $2,700
- Tenants did not pay rent from August 1, 2021 to September 30, 2021
- Tenants in possession on application date
- Tenants paid $1,900 after application filed
- Tenants vacated on 2021-11-30
Case Study
The Tenants did not provide the written guarantee the Landlord requested, but they did leave as promised. It would not be unreasonable to split the arrears owing between the Landlord and the Tenants since both parties share responsibility for the events that occurred.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenants did not provide the written guarantee that was requested due to a potential sale of the property.
Tenant
Arguments
Tenants argued that since they left as requested by the Landlord, their arrears should be forgiven.
Actions
Tenants vacated the rental unit on November 30, 2021, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective November 30, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $1,787.31 to the landlord, which represents half of the current amount owing, and $93 for half the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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Financial Details
Lawful Rent
$2,700
Rent Arrears
$1,697
Application Fee
$186
Rent Deposit
$2,700
Deposit Interest
$3
Total Owing
$3,761 (Owed to Landlord)
Source
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