Landlord Wins Eviction Case Against Tenants in Arrears - Galaxy Value Add Ontario Properties LP v Blundon-Tindale
LTB Rules on $21K Rent Arrears Case in Kitchener
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 550 Westmount Road W, Kitchener, ON N2M5G5
Decision in favor of
landlord
Balance Owed to Landlord
$21,136
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jan 2022
Order Date
Feb 3, 2022
Tenancy End Date
Feb 2022
Dispute Summary
Landlords 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
- Interest on rent deposit owed to Tenants
- Landlords served valid N4 Notice
- Monthly rent is $1,138.58
- Rent deposit of $1,125.09 held by Landlords
- Tenants did not pay rent since August 2020
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
Case Study
The Tenants' request for a review was granted as they were not reasonably able to participate in the previous proceedings. The Landlords' L1 application was then heard de novo. The Tenants owed $19,821.97 in rent arrears as of January 31, 2022, and the total amount owed including the filing fee was $19,996.97. The Tenants were given until February 28, 2022 to either pay the arrears and continue the tenancy or vacate the unit.
Arguments and Actions
Tenant
Actions
Tenants did not pay rent since August 2020, despite receiving some income during this time. Tenant WT testified that in August 2020, Tenant DB-T had to help pay the costs of a funeral.
Procedural Errors
Tenants failed to comply with the Board's directions to pay June 2021 rent and provide documentation.
Decision Summary
The tenancy was terminated effective February 28, 2022 if the Tenants did not pay $21,135.55 to void the eviction order and continue the tenancy. If the Tenants did not make this payment, the Landlords could file the order with the Court Enforcement Office to enforce the eviction.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,138
Rent Arrears
$19,822
Application Fee
$175
Rent Deposit
$1,125
Deposit Interest
$19
Total Owing
$21,136 (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.