Landlord Wins Eviction Case Against Non-Paying Tenants in Kitchener: Holborn Holdings Ltd v Currie and Hermer 2021
Kitchener landlord wins eviction case against non-paying tenants, tenants ordered to pay $1935
Summarized by RentZenLast updated: July 26, 2024
Case Summary
22 75 Old Chicopee Drive, Kitchener, ON N2A2G4
Decision in favor of
landlord
Balance Owed to Landlord
$1,935
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Sep 2021
Order Date
Sep 16, 2021
Tenancy End Date
Sep 2021
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 full rent owed
- Landlord served valid notice of termination
- Landlord collected $1,417.36 rent deposit
- Interest owed on deposit from 2020-12-31
- Unfair to grant relief from eviction
Case Study
The Tenants have not paid the full rent they were required to pay. Because of the arrears, the Landlord served a notice of termination. The Landlord collected a rent deposit of $1,417.36. Interest is owing on the deposit from December 31, 2020. The Landlord's application is granted as it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent owed.
Decision Summary
The tenancy is terminated effective September 27, 2021 unless the Tenants pay $1,934.50 to the Landlord or the Board by that date to void the eviction order. If the unit is not vacated by September 27, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Landlord must pay the Tenants $244.83, which represents the rent deposit and interest, less the rent owing, NSF fees, and the Landlord's filing fee.
Adjudicator Details
LTB Member
Total Orders
367
Landlord Favorable
88.6%
Tenant Favorable
4.1%
Mutual Agreement
7.4%
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Financial Details
Rent Arrears
$5,387
Application Fee
$186
Rent Deposit
$1,417
Other Owed Amount
$25
NSF bank fees and administrative fees
Total Owing
$1,935 (Owed to Landlord)
Source
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