Krafa Consultants & Management Inc. v Benjamin - Non-payment of Rent Case in Kitchener, ON
LTB Eviction Ruling: Krafa Consultants & Management Inc. v Benjamin
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 116 Tupper Cres, Kitchener, ON N2B2X9
Decision in favor of
landlord
Balance Owed to Landlord
$3,260
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2022
Hearing Date
Jul 2022
Order Date
Aug 11, 2022
Tenancy End Date
Aug 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 valid N4 Notice, which the Tenant did not void by paying the arrears. At the hearing, the parties consented to an extended termination date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $1,518.00 due on 1st of each month
- Parties consented to extended termination date of August 31, 2022
- Rent arrears owing to July 31, 2022 are $5,054.00
- Tenant did not void notice by paying arrears
- Tenant paid $5,000.00 since application filed
- Tenant still in possession at hearing date
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears before the hearing date. To turn the decision around, the Tenant must pay the specified amount to void the order and continue the tenancy, or make a motion to void the order under section 74(11) of the Act if full payment is made before the Sheriff enforces the eviction.
Arguments and Actions
Landlord
Arguments
Landlord argued for termination of tenancy and eviction based on non-payment of rent, as per the Residential Tenancies Act.
Actions
Landlord served a valid N4 Notice and filed the application for eviction due to non-payment of rent.
Tenant
Actions
Tenant failed to pay full rent, accumulating $5,054.00 in arrears by July 31, 2022. Tenant made a partial payment of $5,000.00 since the application was filed.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $6,758.00 on or before August 31, 2022. If not voided, the Tenant must move out by August 31, 2022, and pay $3,260.15 plus $49.91 per day from July 22, 2022, until move-out. The Landlord may file for eviction enforcement starting September 1, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,518
Rent Arrears
$5,054
Application Fee
$186
Rent Deposit
$1,500
Deposit Interest
$10
Total Owing
$3,260 (Owed to Landlord)
Source
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