Landlord Wins Rent Arrears Case Against Tenant in Kitchener: S Four Inc. v Watson 2021
Kitchener landlord awarded $7446 in rent arrears, but eviction denied if tenant makes required payments
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 225 Old Carriage Drive, Kitchener, ON N2P1H5
Decision in favor of
landlord
Balance Owed to Landlord
$7,446
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2021
Hearing Date
Aug 2021
Order Date
Sep 23, 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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.
Determinations
- Tenant has not paid total rent required from May 1, 2020 to August 31, 2021
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Lawful monthly rent is $929.00
- Amount outstanding to August 31, 2021 is $7,446.00 (including rent arrears and costs)
Case Study
The Tenant argued that the N4 notice was invalid, but the Adjudicator found that the N4 correctly set out the amount of rent owing and was not confusing to the Tenant. The Adjudicator determined that the N4 met the requirements under the Residential Tenancies Act.
Arguments and Actions
Tenant
Arguments
Tenant argued that the N4 notice was invalid because it did not correctly set out the amount of rent paid.
Actions
Tenant vacated the rental unit prior to the hearing date.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays the outstanding amount of $7,446.00 in installments by October 2022. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$929
Rent Arrears
$7,260
Application Fee
$186
Total Owing
$7,446 (Owed to Landlord)
Source
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