Landlord Wins Non-payment Case: BENSTAR (NO.4) LP v Milmine 2024
Kitchener tenants evicted for non-payment of rent, owe $10698 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1425 Block Line Road, Kitchener, ON N2C0B9
Decision in favor of
landlord
Balance Owed to Landlord
$10,698
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Mar 2024
Order Date
Apr 19, 2024
Tenancy End Date
Apr 2024
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 served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st of each month
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenants did not pay rent arrears by the termination date in the N4 Notice or before the application was filed.
Decision Summary
Unless the Tenants void the order, the tenancy is terminated effective April 30, 2024. If the Tenants do not void the order, they must pay the Landlord $10,698.34, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
31
Landlord Favorable
87.1%
Tenant Favorable
9.7%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$2,279
Rent Arrears
$13,020
Application Fee
$186
Rent Deposit
$2,164
Deposit Interest
$13
Total Owing
$10,698 (Owed to Landlord)
Source
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