Skyline Living v Collette: Non-payment of Rent Case in Kingston, ON
Kingston tenant ordered to pay $5006 in rent arrears
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 25 Briceland St, Kingston, ON K7K5Z9
Decision in favor of
landlord
Balance Owed to Landlord
$5,006
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2022
Tenancy End Date
Oct 2022
Hearing Date
Jan 2023
Order Date
Mar 6, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord also claimed charges related to NSF cheques. The Tenant did not attend the hearing.
Determinations
- Landlord served valid N4 Notice
- Lawful rent due on 1st of each month
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $1,189.72 since application filed
- Tenant vacated on 2022-10-31
Case Study
The Tenant could have potentially avoided eviction by paying the rent arrears before the hearing or by attending the hearing to present their case or negotiate a payment plan. The Tenant's absence at the hearing significantly weakened their position.
Arguments and Actions
Landlord
Arguments
Landlord claimed rent arrears, NSF charges, and application filing fee.
Actions
Landlord served a valid N4 Notice and filed the application after the Tenant failed to pay rent arrears.
Tenant
Actions
Tenant vacated the rental unit on October 31, 2022, without paying full rent arrears. Tenant did not attend the hearing.
Procedural Errors
Tenant failed to attend the hearing, weakening their position in the dispute.
Decision Summary
The tenancy was terminated effective October 31, 2022, when the Tenant vacated the rental unit. The Tenant is ordered to pay $5,006.37 to the Landlord, which includes rent arrears, application filing fee, and NSF charges, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
360
Landlord Favorable
95.3%
Tenant Favorable
4.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,190
Rent Arrears
$5,941
Application Fee
$186
Rent Deposit
$1,190
Deposit Interest
$11
Other Owed Amount
$80
NSF cheque charges
Total Owing
$5,006 (Owed to Landlord)
Source
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