Landlord Wins Rent Arrears Case: Chin v Mclellan 2024
Kitchener tenants evicted for non-payment of rent, owe $149 to landlord
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 60 Charles St W, Kitchener, ON N2G0C9
Decision in favor of
landlord
Balance Owed to Landlord
$149
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2024
Hearing Date
Jul 2024
Order Date
Jul 23, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants submitted that they vacated the rental unit due to the Landlord's violation of their rights, but they did not provide the required written notice to raise these issues.
Determinations
- Tenants vacated the rental unit on March 31, 2024
- Tenants did not pay rent for March 2024
- Tenancy was not lawfully terminated
- Landlord had the right to file the application
- Landlord is entitled to reimbursement of application costs
- Landlord collected a rent deposit of $1,775.00
- Interest on the rent deposit of $37.08 is owed to the Tenants
Case Study
The tenancy was not lawfully terminated, and the Tenants were in possession of the rental unit and in arrears on the date the application was filed. Therefore, the Landlord had the right to file the application and is entitled to reimbursement of those costs.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit due to the Landlord's violation of their rights, but they did not provide the required written notice to raise these issues.
Procedural Errors
Tenants did not provide the required written notice to raise issues under section 82 of the Residential Tenancies Act, 2006.
Decision Summary
The tenancy is terminated as of March 31, 2024, the date the Tenants moved out. The Tenants shall pay the Landlord $148.92, which includes rent arrears and the application filing fee, after deducting the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Rent Arrears
$1,775
Application Fee
$186
Rent Deposit
$1,775
Deposit Interest
$37
Total Owing
$149 (Owed to Landlord)
Source
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