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Summarized by RentZenLast updated: July 26, 2024
Unit ****, 111 Onward Avenue, Kitchener, ON N2H3J8
Decision in favor of
landlord
Balance Owed to Landlord
$10,940
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Application Date
Nov 2020
Hearing Date
Mar 2021
Order Date
May 18, 2021
Tenancy End Date
May 2021
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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
The Tenant was unable to reasonably participate in the previous hearing due to not receiving the Notice of Hearing. The Tenant is entitled to a limited abatement of rent for the maintenance issues in the rental unit. The Landlord was in serious breach of maintenance obligations and substantially interfered with the Tenant's reasonable enjoyment of the rental unit.
Tenant owes $13,372.88 in rent arrears as of March 31, 2021.
Landlord served valid N4 Notice and filed application to terminate tenancy and evict Tenant due to rent arrears.
Landlord failed to meet maintenance obligations under the Act and substantially interfered with Tenant's reasonable enjoyment of the rental unit.
Tenant did not pay rent after December 1, 2019, but remained in possession of the rental unit. Tenant claimed the unit was uninhabitable due to maintenance issues.
The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlord $10,940.28 plus $29.10 per day starting April 1, 2021 until the Tenant vacates. The Tenant is entitled to a rent abatement of 100% for December 2019 and 60% for January 2020 due to the Landlord's failure to address maintenance issues in a timely manner.
LTB Member
288
83.3%
10.1%
6.6%
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Lawful Rent
$885
Rent Arrears
$13,373
Rent Deposit
$885
Deposit Interest
$3
Total Owing
$10,940 (Owed to Landlord)
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