Landlords Win Rent Arrears Case Against Tenant: Kuqanesan v Davey
LTB Rules on $8596 Rent Arrears: Kuqanesan v Davey Case Analysis
Summarized by RentZenLast updated: July 22, 2024
Case Summary
6184 Arad Street, Niagara Falls, ON L2G2Z3
Decision in favor of
landlord
Balance Owed to Landlords
$8,395
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Nov 2021
Tenancy End Date
Jan 2022
Order Date
Mar 1, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlords 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 had vacated the rental unit on January 19, 2022, prior to the hearing date.
Determinations
- Landlords did not hold last month's rent deposit
- Landlords served valid N4 Notice
- Landlords were not reasonably able to participate in initial hearing due to lack of Notice of Hearing
- Monthly rent was $1,350
- Tenant did not pay rent from March 20, 2021 to January 19, 2022
- Tenant paid $5,400 after application was filed
- Tenant vacated on January 19, 2022
- Tenant was in possession on application date
Case Study
The Landlords were not reasonably able to participate in the initial hearing because they did not receive the Notice of Hearing. The Tenant did not attend the review hearing to challenge the Landlords' evidence. The Landlords' request for review was granted, and the previous order was cancelled and replaced.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit on January 19, 2022 without paying full rent arrears.
Decision Summary
The tenancy was terminated effective January 19, 2022, the date the Tenant vacated the rental unit. The Tenant is ordered to pay $8,596 to the Landlords, which includes rent arrears up to the move-out date, compensation, and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$1,350
Rent Arrears
$2,700
Application Fee
$201
Other Owed Amount
$5,695
Compensation from May 15, 2021 to January 19, 2022
Total Owing
$8,395 (Owed to Landlords)
Source
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