Landlord Wins Rent Arrears Case: Delova v Renaud 2024
Kingston landlords successfully obtain review of tenancy termination order for $4624 in rent arrears
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 22 McKenna Ave, Kingston, ON K7K5B1R
Decision in favor of
landlord
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Oct 2023
Tenancy End Date
Feb 2024
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlords initially missed the first hearing but were granted a review due to not receiving the hearing notice during a move.
Determinations
- Tenant vacated rental unit on 2024-02-29
- Tenant did not pay rent from 2023-10-01 to 2024-02-29
- Lawful rent was $1,239.70 per month
- Total rent arrears of $5,658.50
- Application filing fee of $186.00
- Rent deposit of $1,150.00 applied to arrears
Case Study
The Board broadly interpreted the Landlords' inability to participate in the original hearing, granting them a review based on their genuine intent to pursue the application.
Arguments and Actions
Landlord
Actions
Landlords were moving and missed original hearing notice, requested review.
Tenant
Actions
Tenant vacated rental unit on February 29, 2024, without paying full rent arrears.
Decision Summary
The tenancy was terminated as of February 29, 2024. The Tenant is ordered to pay $4,624.22 to the Landlord, which includes rent arrears and application fees, minus the rent deposit and interest.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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Financial Details
Lawful Rent
$1,240
Rent Arrears
$5,659
Application Fee
$186
Rent Deposit
$1,150
Deposit Interest
$70
Total Owing
$4,624 (Owed to Landlord)
Source
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