Abourjaili v Holmes, Non-payment of Rent, Kitchener, ON N2G1K1: Abourjaili v Holmes 2023
Kitchener tenants evicted for $7848 rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 31 Courtland Ave W, Kitchener, ON N2G1K1
Decision in favor of
landlord
Balance Owed to Landlord
$8,034
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2021
Tenancy End Date
May 2022
Hearing Date
Nov 2022
Order Date
Feb 17, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on May 28, 2022, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant vacated on 2022-05-28
Case Study
The Tenant could have potentially avoided eviction by paying the rent arrears before the termination date in the N4 Notice or before the application was filed. To turn the decision around, the Tenant would need to have either paid the arrears or attended the hearing to present any mitigating circumstances or defenses.
Arguments and Actions
Landlord
Arguments
Landlord requested to amend the application to correct the unit number from Unit A to Unit 2.
Actions
Landlord filed an L1 application and served a valid N4 Notice to End Tenancy Early for Non-payment of Rent.
Tenant
Actions
Tenant vacated the rental unit on May 28, 2022, without paying full rent arrears.
Procedural Errors
Tenant did not attend the hearing or request an adjournment.
Decision Summary
The tenancy was terminated effective May 28, 2022, the date the Tenant moved out of the rental unit. The Tenant is ordered to pay $8,034.32 to the Landlord, which includes rent arrears up to the move-out date and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$1,595
Rent Arrears
$7,848
Application Fee
$186
Total Owing
$8,034 (Owed to Landlord)
Source
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