CAPREIT Limited Partnership v Kuebler: Non-payment of Rent Case in Mississauga
LTB Eviction Case: CAPREIT Limited Partnership v Kuebler in Mississauga
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1055 Bloor St, Mississauga, ON L4Y2N5
Decision in favor of
landlord
Balance Owed to Landlord
$10,446
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2022
Hearing Date
Mar 2023
Order Date
Mar 14, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,711.04 due on 1st of each month
- Rent arrears owing to March 31, 2023 are $13,576.41
- Tenant did not void notice by paying arrears
- Tenant paid $4,950.00 since application filed
- Tenant still in possession of rental unit
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears before the hearing. To turn the decision around, the Tenant needs to pay the specified amount to void the eviction order or make a motion to void the order after paying the full amount owing plus any additional rent that became due.
Arguments and Actions
Landlord
Actions
Landlord served a valid N4 Notice and filed the application after the Tenant failed to pay the arrears.
Tenant
Actions
Tenant is in the process of securing financial assistance to pay off the arrears.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $13,762.41 on or before March 31, 2023. If the Tenant does not void the order, they must move out by March 31, 2023, and pay $10,445.68 plus $56.25 per day from March 3, 2023, until they move out. The Tenant may make a motion to void the order if they pay the full amount owing plus any additional rent that became due.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,711
Rent Arrears
$13,576
Application Fee
$186
Rent Deposit
$1,711
Deposit Interest
$7
Total Owing
$10,446 (Owed to Landlord)
Source
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