Landlord Wins Eviction Case Against Non-Paying Tenant in Kitchener: Woodford Apartments Limited v Hernandez Ramos 2021
Kitchener landlord wins eviction case against non-paying tenant, who owes $8411 in rent arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 10 Leacrest Court, Kitchener, ON N2E1H8
Decision in favor of
landlord
Balance Owed to Landlord
$5,887
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Feb 2021
Order Date
Feb 18, 2021
Tenancy End Date
Mar 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
- Tenant has not paid total rent from March 1, 2020 to February 28, 2021
- Landlord served valid Notice of Termination effective June 19, 2020
- Tenant is in possession of the rental unit
- Monthly rent is $933.42, increased from $913.33 as of June 1, 2020
- Tenant paid Landlord $2,730.00 after application was filed
- Landlord incurred $20.00 in NSF cheque administration charges
- Landlord holds $830.71 rent deposit, with interest owing to Tenant from January 1, 2020 to June 19, 2020
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from March 1, 2020 to February 28, 2021. Because of the arrears, the Landlord served a Notice of Termination effective June 19, 2020. The Tenant is in possession of the rental unit. The monthly rent is $933.42, an increase from $913.33 as of June 1, 2020. The Tenant paid the Landlord $2,730.00 after the application was filed. The Landlord incurred charges of $20.00 for administration charges related to cheques tendered by or on behalf of the Tenant, which were returned NSF. The Landlord collected a rent deposit of $830.71 from the Tenant and this deposit is still being held by the Landlord. Interest on the rent deposit is owing to the Tenant for the period from January 1, 2020 to June 19, 2020.
Arguments and Actions
Tenant
Actions
Tenant did not pay full rent arrears.
Decision Summary
The tenancy is terminated effective March 31, 2021. The Tenant must pay the Landlord $5,218.61, plus $30.69 per day starting February 19, 2021, which includes rent arrears, compensation, and application filing fees, less the rent deposit and interest owed on the deposit. If the Tenant pays $5,887.24 on or before February 28, 2021, or $6,820.66 on or before March 31, 2021, the Tenant can void the eviction order and continue the tenancy.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$933
Rent Arrears
$8,411
Application Fee
$186
Rent Deposit
$831
Deposit Interest
$9
Other Owed Amount
$20
NSF cheque administration charges
Total Owing
$5,887 (Owed to Landlord)
Source
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