Kolosa v Macdonald: Non-payment of Rent Case in Kitchener, ON
Landlord in Kitchener awarded $9526 from tenant for $7379 in rent arrears and compensation
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 122 Mountain Mint Crescent, Kitchener, ON N2E3R7
Decision in favor of
landlord
Balance Owed to Landlord
$7,379
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Jan 2022
Order Date
Feb 9, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a Notice of Termination effective October 5, 2021, due to rent arrears. The Tenant had not paid the total rent required from July 1, 2021, to January 31, 2022.
Determinations
- Eviction postponed until February 28, 2022 under subsection 83(1)(b) of the RTA
- Interest on rent deposit owed to Tenant for April 1, 2020 to December 31, 2020
- Landlord holds rent deposit of $1,280.00
- Landlord served valid Notice of Termination effective October 5, 2021
- Lawful monthly rent is $1,280.00
- No payments made since application filed
- Tenant has not paid total rent from July 1, 2021 to January 31, 2022
- Tenant is in possession of the rental unit
Case Study
The Tenant failed to pay rent for an extended period, leading to significant arrears. To avoid eviction, the Tenant must pay the full amount owing by the specified date. The Board considered COVID-19 impacts and negotiation attempts for a repayment agreement, resulting in a postponed eviction date.
Arguments and Actions
Landlord
Actions
Landlord served a Notice of Termination effective October 5, 2021, due to rent arrears.
Tenant
Actions
Tenant failed to pay rent from July 1, 2021 to January 31, 2022, accumulating significant arrears.
Decision Summary
The tenancy is terminated effective February 28, 2022, unless the Tenant voids the order by paying $9,526.00 on or before that date. The Tenant must pay $7,379.34 plus $42.08 per day starting February 10, 2022, for rent arrears, compensation, and filing fees. If full payment is not made by February 28, 2022, the Landlord may file for eviction enforcement starting March 1, 2022.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,280
Rent Arrears
$7,193
Application Fee
$186
Rent Deposit
$1,280
Deposit Interest
$21
Total Owing
$7,379 (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.