Landlord Wins Eviction Case Against Tenants Owing $2614 in Rent Arrears: Mara Investments Incorporated v Tesfay and Moghos 2020
Kitchener landlord awarded $2614 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 54 Westmount Road E, Kitchener, ON N2M4Y4
Decision in favor of
landlord
Balance Owed to Landlord
$2,615
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2020
Hearing Date
Nov 2020
Order Date
Nov 23, 2020
Tenancy End Date
Dec 2020
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- Tenants have not paid total rent from July 1, 2019 to November 30, 2020
- Landlord served valid Notice of Termination due to arrears
- Tenants in possession of rental unit
- Lawful monthly rent is $1,063.00
- Landlord incurred $60.00 in NSF cheque charges
- Landlord holds $1,063.00 rent deposit
- Interest owed to Tenants on rent deposit from Sept 12 to Oct 31, 2020
- Landlord communicated payment plan proposal to Tenants
- Relief from eviction under s.83(1) would be unfair
Case Study
The Tenants have not paid the total rent the Tenants were required to pay for the period from July 1, 2019 to November 30, 2020. Because of the arrears, the Landlord served a Notice of Termination. The Tenants are in possession of the rental unit. The lawful monthly rent is $1,063.00. The Landlord incurred charges of $60.00 for administration charges related to cheques tendered by or on behalf of the Tenants, which were returned NSF. The Landlord collected a rent deposit of $1,063.00 from the Tenants and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenants for the period from September 12, 2020 to October 31, 2020. The Landlord communicated to the Tenant to propose a payment plan for the arrears of rent. It would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective December 4, 2020. The Tenants must pay the Landlord $2,614.83, which includes rent arrears, NSF cheque charges, less the rent deposit and interest owed on the deposit. The Tenants must also pay $34.95 per day for compensation for use of the unit starting November 24, 2020 until they move out. If the Tenants do not pay the full amount by December 4, 2020, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 4, 2020, the Landlord may file the order with the Sheriff for enforcement.
Adjudicator Details
LTB Member
Total Orders
624
Landlord Favorable
86.4%
Tenant Favorable
8.8%
Mutual Agreement
4.8%
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Financial Details
Lawful Rent
$1,063
Rent Arrears
$2,817
Application Fee
$175
Rent Deposit
$1,063
Deposit Interest
$3
Other Owed Amount
$60
NSF cheque charges
Total Owing
$2,615 (Owed to Landlord)
Source
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