Landlord Wins Eviction Case Against Non-Paying Tenant in Kingston: Skyline Living v Nikkolys Cory Baily Smith 2021
Kingston landlord awarded $14342 in rent arrears, tenant evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 107 Compton Street, Kingston, ON K7K5Z5
Decision in favor of
landlord
Balance Owed to Landlord
$14,343
Dispute Categories
Notices Sent
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Timeline
Application Date
May 2020
Hearing Date
Apr 2021
Order Date
May 11, 2021
Tenancy End Date
May 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 Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant in possession on application date
- Tenant did not void notice by paying arrears
- Lawful rent due on 1st of each month
- Tenant received federal benefits exceeding rent
- Tenant paid less than 1 month's rent after application
Case Study
The Tenant lost the case because he failed to pay the rent arrears and did not have a reasonable prospect of restoring the tenancy to good standing within a reasonable period of time. The Landlord fulfilled its obligation to negotiate a repayment plan, but the Tenant did not engage in the process.
Arguments and Actions
Landlord
Arguments
Landlord sought a standard order terminating the tenancy and evicting the tenant, or a postponement of eviction to the end of April 2021.
Actions
Landlord sent a letter to the tenant in July 2020 offering to work on a repayment plan, but the tenant did not respond.
Tenant
Arguments
Tenant sought to stay in the unit and repay arrears over time, or postpone eviction to May 31, 2021.
Actions
Tenant lost his job in March 2020 due to COVID-19 and received federal benefits, but did not pay rent consistently or make a reasonable effort to catch up on arrears.
Decision Summary
The tenancy is terminated effective May 22, 2021. The tenant must pay $14,342.98 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit. If the tenant pays $16,555.59 on or before May 22, 2021, the eviction order will be void and the tenancy will continue.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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Financial Details
Lawful Rent
$1,221
Rent Arrears
$15,000
Application Fee
$175
Rent Deposit
$1,247
Total Owing
$14,343 (Owed to Landlord)
Source
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