Landlord Wins Eviction Case for Non-Payment of Rent: Lower v Wall
Kitchener tenant ordered to pay over $14000 in rent arrears and evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
176 Kenneth Avenue, Kitchener, ON N2A1W2
Decision in favor of
landlord
Balance Owed to Landlord
$14,294
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jul 2021
Order Date
Jul 15, 2021
Tenancy End Date
Jul 2021
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 of Termination, which the tenant did not void by paying the arrears.
Determinations
- Tenant has not paid rent from April 1, 2020 to July 31, 2021
- Landlord served valid Notice of Termination effective January 5, 2021
- Tenant did not void notice by paying arrears
- Unfair to grant relief from eviction
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from April 1, 2020 to July 31, 2021. Because of the arrears, the Landlord served a Notice of Termination effective January 5, 2021. The Tenant did not void the notice by paying the arrears.
Decision Summary
The tenancy is terminated effective July 26, 2021. The Tenant must pay the Landlord $14,293.55 plus $35.14 per day starting July 16, 2021 until the Tenant vacates the unit. If the Tenant pays $14,888.40 on or before July 26, 2021, the eviction order will be void and the Tenant can remain in the unit.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$7,396
Application Fee
$186
Damages
$6,712
Total Owing
$14,294 (Owed to Landlord)
Source
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