Steeves and Rozema Enterprises Limited v Rightmeyer-Shane: Non-payment of Rent Case in Kitchener, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 221 Queen Street S, Kitchener, ON N2G1W5
Decision in favor of
landlord
Balance Owed to Landlord
$6,498
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Aug 2021
Hearing Date
Jan 2022
Order Date
Feb 10, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant had not paid the total rent required from July 1, 2021 to January 31, 2022. The Landlord served a Notice of Termination effective October 14, 2021.
Determinations
- Interest on rent deposit is owing to Tenant for July 31, 2020 to December 31, 2020
- Landlord collected a rent deposit of $1,240.00
- Landlord served valid Notice of Termination effective October 14, 2021
- Lawful monthly rent is $1,254.88 as of January 1, 2022
- Tenant has not paid total rent required from July 1, 2021 to January 31, 2022
- Tenant is in possession of the rental unit
- Tenant paid $1,778.00 after application was filed
Case Study
The Tenant failed to pay rent for an extended period, leading to significant arrears. To avoid eviction, the Tenant would need to pay the full amount owing by the specified date or negotiate a feasible repayment plan with the Landlord's agreement.
Arguments and Actions
Landlord
Arguments
Landlord argued against preserving tenancy due to Tenant's absence from the unit and presence of an unauthorized occupant.
Actions
Landlord opposed the request for an extended payment plan due to Tenant's absence from the unit and unwillingness to enter payment terms with Tenant's occupant.
Tenant
Arguments
Tenant's advocate requested an order for the Tenant to pay $400 per month in addition to rent to pay back arrears and preserve the tenancy.
Actions
Tenant has not paid full rent since July 1, 2021. Tenant has been removed from the rental unit by police and has not been able to return.
Aggravating Factors
Tenant has been removed from the rental unit by police and has not been able to return, with someone authorized by the Tenant staying in the unit.
Decision Summary
The tenancy is terminated effective February 28, 2022, unless the Tenant pays $6,497.76 to void the eviction order. The Tenant must pay $4,217.94 for rent arrears and compensation up to February 10, 2022, plus $41.26 per day starting February 11, 2022, until move-out. The Tenant must also pay $186.00 for the application filing cost.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,255
Rent Arrears
$7,247
Application Fee
$186
Rent Deposit
$1,240
Deposit Interest
$12
Total Owing
$6,498 (Owed to Landlord)
Source
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