Landlord Wins Rent Arrears Case Against Tenants in Kingston: Skyline Living v Doyle, Harvey 2022
Landlord Wins Rent Arrears Case Against Tenants in Kingston
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 7 Briceland Street, Kingston, ON K7K5Z9
Decision in favor of
landlord
Balance Owed to Landlord
$2,081
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Tenancy End Date
Sep 2021
Hearing Date
Sep 2021
Order Date
Feb 22, 2022
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order requiring Tenants to pay the rent they owed. The Tenants did not pay the full rent for the period from March 1, 2021 to September 30, 2021. The Tenants vacated the rental unit on September 10, 2021, but the Landlord disputed the exact move-out date.
Determinations
- Landlord held last month's rent deposit of $1,382.65 plus $12.75 interest
- Lawful monthly rent was $1,382.65
- NSF cheque charges not substantiated
- Tenants did not pay full rent from March 1, 2021 to September 30, 2021
- Tenants made no payments since application was filed
- Tenants vacated unit on September 10, 2021
Case Study
The Tenants did not provide sufficient evidence to prove they vacated the rental unit on August 3, 2021. The Landlord was able to demonstrate the Tenants were in possession of the unit on the application date and owed rent for the period up to September 10, 2021.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on September 10, 2021, but disputed the exact move-out date.
Decision Summary
The Tenants are ordered to pay the Landlord $3,275.82, which represents the rent owing up to September 10, 2021 less the last month's rent deposit and interest. The Tenants must also pay the $201 application filing fee. If the full amount is not paid by March 5, 2022, the Tenants will owe 2% annual interest on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,382
Rent Arrears
$3,275
Application Fee
$201
Rent Deposit
$1,382
Deposit Interest
$13
Total Owing
$2,081 (Owed to Landlord)
Source
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