Landlord Wins Eviction Case Against Tenant for Non-Payment of Rent: Addiction & Mental Health Services KFLA v Bonner 2021
Tenant ordered to vacate Kingston rental unit and pay over $2000 in unpaid rent and fees
Summarized by RentZenLast updated: July 26, 2024
Case Summary
38 Alma Street, Kingston, ON K7K1J6
Decision in favor of
landlord
Balance Owed to Landlord
$2,043
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2020
Hearing Date
Nov 2021
Order Date
Dec 1, 2021
Tenancy End Date
Dec 2021
We estimate Application Date using rent arrears.
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.
Determinations
- Tenant has not paid rent from July 1, 2020 to November 30, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $121.00
- Landlord not holding last month's rent deposit
- Tenant paid $200 after application filed
- Unfair to grant relief from eviction
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from July 1, 2020 to November 30, 2021. Because of the arrears, the Landlord served a Notice of Termination effective February 27, 2021. The Tenant is in possession of the rental unit. The lawful monthly rent is $121.00. The Landlord is not holding a last month's rent deposit. The Tenant paid $200.00 after the application was filed. The Landlord attempted to negotiate a repayment agreement with the Tenant, but it would be unfair to grant relief from eviction.
Decision Summary
The tenancy is terminated effective December 12, 2021. The Tenant must pay the Landlord $1,856.87 in rent arrears and compensation, plus $186 in application fees, and $3.98 per day in compensation starting December 2, 2021 until the Tenant vacates. If the Tenant pays $2,164 on or before December 12, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$121
Rent Arrears
$1,857
Application Fee
$186
Total Owing
$2,043 (Owed to Landlord)
Source
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