Landlord Wins Eviction Case Against Tenants in Kitchener: The Effort Trust Company v Keeley 2022
Kitchener landlord wins $12521 rent dispute, tenant evicted
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 112 Margaret Ave, Kitchener, ON N2H4H6
Decision in favor of
landlord
Balance Owed to Landlord
$12,521
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Feb 2022
Hearing Date
Oct 2022
Order Date
Dec 1, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord entitled to $186.00 for application filing fee
- Landlord entitled to $80.00 for NSF charges
- Landlord served valid N4 Notice
- Lawful rent is $1,212.00 per month
- Rent arrears owing to October 31, 2022 are $9,831.00
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants paid $2,424.00 since application filed
Case Study
The Landlord served the Tenants with a valid N4 Notice. The Tenants did not void the notice by paying the rent arrears. As of the hearing date, the Tenants were still in possession of the rental unit. The Tenants went into rent arrears due to job loss, but their current income was enough to make rent payments, though they were unable to make extra payments towards the arrears. The Tenants prioritized other expenses over rent payments. Considering the circumstances, it would be unfair to grant relief from eviction.
Arguments and Actions
Tenant
Actions
Tenants went into rent arrears due to job loss, but their current income was enough to make rent payments, though they were unable to make extra payments towards the arrears. They prioritized other expenses over rent payments.
Decision Summary
The tenancy is terminated unless the Tenants pay $12,521.00 to void the order by December 12, 2022. If the Tenants do not void the order, they must pay $9,881.25 to the Landlord and vacate the unit by December 12, 2022. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement starting December 13, 2022.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,212
Rent Arrears
$9,831
Application Fee
$186
Other Owed Amount
$80
NSF charges
Total Owing
$12,521 (Owed to Landlord)
Source
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