Landlord Wins Eviction Case Against Non-Paying Tenant in Kitchener: Heinze v Kruger 2024
Landlord wins eviction and $12199 judgment against non-paying tenant in Kitchener
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 14 David St, Kitchener, ON N2G1X7
Decision in favor of
landlord
Balance Owed to Landlord
$12,200
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Jul 22, 2024
Tenancy End Date
Aug 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent, substantial interference, damage to premises, and persistent late payment of rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $1,286.51 due on 1st of each month
- Tenant has not made any payments since application filed
- Rent arrears owing to July 31, 2024 are $14,213.46
- Landlord incurred $186.00 in filing fees
- Landlord holds $1,085.00 rent deposit with $166.54 interest
Arguments and Actions
Tenant
Actions
Tenant failed to attend the hearing.
Decision Summary
The tenancy is terminated unless the tenant pays $14,399.46 by July 31, 2024 or $15,685.97 by August 2, 2024 to void the order. If the tenant does not void the order, they must vacate the unit by August 2, 2024 and pay the landlord $12,199.81 plus daily compensation of $42.30 from July 9, 2024 until the date they move out.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,287
Rent Arrears
$14,213
Application Fee
$186
Rent Deposit
$1,085
Deposit Interest
$167
Total Owing
$12,200 (Owed to Landlord)
Source
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