Landlord Wins Eviction Case Against Tenants with 4 Children in Kingston: Coveney v McKegney 2021
Kingston landlord awarded $17000 in rent arrears, tenants with 4 children ordered to vacate
Summarized by RentZenLast updated: July 26, 2024
Case Summary
321 Glencastle Road, Kingston, ON K7M 4N9
Decision in favor of
landlord
Balance Owed to Landlord
$17,184
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2020
Hearing Date
Dec 2020
Order Date
Feb 2, 2021
Tenancy End Date
Feb 2021
We estimate Application Date using rent arrears.
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.
Determinations
- Tenants have not paid total rent owed from December 1, 2019 to December 31, 2020
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Lawful monthly rent is $1,950.00
- Tenants paid $2,000.00 since application filing
- Tenant has 4 children, employed part-time, receives CERB and child tax benefit
- Landlord collected $1,970.19 rent deposit
- Interest owed on rent deposit from September 27, 2019 to March 16, 2020
Case Study
The Tenants prioritized the payment of other bills over the rent and are not keen in paying the outstanding amount owed. It would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.
Arguments and Actions
Tenant
Actions
Tenants prioritized payment of other bills over rent, not keen on paying outstanding amount owed.
Decision Summary
The tenancy is terminated effective February 13, 2021. The tenants are ordered to pay $17,183.54 to the landlord, which includes rent arrears up to the termination date, compensation for use of the unit, and the cost of filing the application, minus the rent deposit and interest on the deposit. If the full amount is not paid by February 13, 2021, the landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,950
Rent Arrears
$5,644
Application Fee
$175
Rent Deposit
$1,970
Deposit Interest
$20
Damages
$15,530
Total Owing
$17,184 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.