Landlord Wins Rent Arrears Case Against Tenants: KSDM Holdings Inc. v Chhetri
Landlord awarded $1229 in rent arrears from tenants who vacated without proper notice in Kitchener
Summarized by RentZenLast updated: July 22, 2024
Case Summary
42 Courtland Avenue East, Kitchener, ON N2C2K1
Decision in favor of
landlord
Balance Owed to Landlord
$30
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Oct 2021
Tenancy End Date
Nov 2021
Hearing Date
Dec 2021
Order Date
Mar 3, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to require Tenants to pay the rent they owed. The Tenants had vacated the rental unit without providing a valid notice of termination, so they were responsible for rent until the end of the fixed term tenancy on January 31, 2022.
Determinations
- Landlord delayed in addressing maintenance issues from July 12 to August 12, 2021
- Lawful monthly rent is $1,428.57
- Tenants did not pay full rent for August 1, 2021 to November 30, 2021
- Tenants did not provide valid notice to terminate tenancy
- Tenants paid $1,400 after application filed
- Tenants were in possession on application date
Case Study
The Tenants terminated the tenancy improperly by vacating without providing the required 60-day notice. They are responsible for rent until the end of the fixed term on January 31, 2022. However, they are entitled to a rent abatement for the period when the Landlord delayed in addressing maintenance issues.
Arguments and Actions
Landlord
Procedural Errors
Landlord delayed in addressing maintenance issues from July 12 to August 12, 2021
Tenant
Actions
Tenants vacated the rental unit on October 25, 2021 without providing a valid 60-day notice of termination.
Procedural Errors
Tenants terminated tenancy improperly by vacating without providing required 60-day notice
Decision Summary
The tenancy is terminated as of November 30, 2021. The Tenants must pay the Landlord $1,229.11, which represents the rent owing up to November 30, 2021, less the last month's rent deposit and a rent abatement of $285.17 for the Landlord's delay in addressing maintenance issues. The Tenants must also pay the Landlord $201 for the cost of filing the application. If the Tenants do not pay the full amount by April 3, 2022, they will owe simple interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,428
Rent Arrears
$1,229
Application Fee
$201
Rent Deposit
$1,400
Total Owing
$30 (Owed to Landlord)
Source
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