Landlord Wins Eviction Case Against Non-Paying Tenant: Killam Apartment REIT v Fortier
LTB Rules on $20K Rent Dispute: Killam v Fortier Case Analysis
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 100 Eagle, Cambridge, ON N3H5T8
Decision in favor of
landlord
Balance Owed to Landlord
$20,287
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Jun 2022
Order Date
Jul 13, 2022
Tenancy End Date
Jul 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Actual rent arrears as of June 30, 2022 is $17,726
- Landlord served valid N4 Notice
- Lawful rent is $2,375 due on 1st of each month
- No payments made since application filed
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Landlord served the Tenant with a valid N4 Notice. The Tenant did not void the notice by paying the rent arrears. The Tenant was still in possession of the rental unit on the hearing date. The Landlord is entitled to terminate the tenancy and evict the Tenant.
Arguments and Actions
Tenant
Actions
Tenant disputed the amount owing, submitting that he should only have to pay what was reflected on the update sheet. When questioned, the Tenant confirmed that he had not made any payments to the Landlord.
Decision Summary
The tenancy is terminated unless the Tenant pays $20,287 to void the order by July 24, 2022. If the Tenant does not void the order, the Tenant must pay $14,997.22 to the Landlord, which includes rent arrears, application filing fee, and NSF charges, minus the rent deposit and interest. The Tenant must also pay daily compensation of $78.08 for each day of occupation after the termination date.
Adjudicator Details
LTB Member
Total Orders
687
Landlord Favorable
85.4%
Tenant Favorable
10.6%
Mutual Agreement
3.9%
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Financial Details
Lawful Rent
$2,375
Rent Arrears
$17,726
Application Fee
$186
Rent Deposit
$2,375
Deposit Interest
$17
Other Owed Amount
$180
NSF cheque charges
Total Owing
$20,287 (Owed to Landlord)
Source
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