Landlord Wins Rent Arrears Case: Ferouzi v Wilkinson 2024
Kingston tenants ordered to pay $16946 in rent arrears to landlord
Summarized by RentZenLast updated: August 6, 2024
Case Summary
687 High Gate Park Dr, Kingston, ON K7M5Z7
Decision in favor of
landlord
Balance Owed to Landlord
$16,946
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Nov 2023
Order Date
Feb 20, 2024
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
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $2,500 due on 1st of each month
- Tenants paid $1,100 since application filed
- Rent arrears owing to 2023-11-30 is $17,800
- Landlord entitled to $60 for NSF cheques
- Landlord entitled to $186 for filing application
- No last month's rent deposit
Case Study
The Landlord's Representative submitted that the Board Member has the discretion to allow an application, even if it does not meet the criteria as stated in the Act. The Landlord's Representative also submitted that dismissing the application would cause prejudice to the Landlord as the balance owing is substantial and causing financial burden on the Landlord. The representative submitted that allowing the application would cause no prejudice to the Tenants as they were served all the documents accordingly and were aware of the amount of arrears they owe.
Arguments and Actions
Landlord
Procedural Errors
The application was filed the same day as the termination date in the N4 Notice, which does not comply with the filing requirement in section 74(1) of the Act.
Decision Summary
The Tenants must pay the Landlord $16,946 by March 2, 2024, which includes rent arrears up to November 30, 2023, NSF cheque charges, and the cost of filing the application. If the full amount is not paid by the due date, the Tenants will start owing interest at 7% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
90.0%
Tenant Favorable
0.0%
Mutual Agreement
10.0%
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Financial Details
Lawful Rent
$2,500
Rent Arrears
$17,800
Application Fee
$186
Other Owed Amount
$60
NSF cheques
Total Owing
$16,946 (Owed to Landlord)
Source
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