Landlord Wins Eviction Case: Bhatt v Neff 2024
Kitchener tenants evicted for non-payment of $29082 in rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 85 Bankside Dr, Kitchener, ON N2N3M4
Decision in favor of
landlord
Balance Owed to Landlord
$29,082
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Oct 2023
Order Date
Apr 24, 2024
Tenancy End Date
May 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 at the time of the hearing.
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
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants were still in possession of the rental unit at the time of the hearing, and the landlord was entitled to the rent arrears up to the eviction date. The landlord was also entitled to the cost of filing the application.
Arguments and Actions
Landlord
Arguments
Landlord is seeking a standard order for eviction and arrears.
Actions
Landlord had to leave his job to care for his ill father in India, resulting in financial hardship due to non-payment of rent.
Tenant
Arguments
Tenant claims high medical costs for his children have prevented him from paying rent, but did not provide any supporting documentation.
Actions
Tenant has not paid rent since June 2023 and ignored the interim order to pay ongoing rent.
Decision Summary
The tenancy is terminated effective May 15, 2024 unless the tenants pay $32,034 by May 14, 2024 or $34,688 by May 15, 2024 to void the order. If the tenants do not pay, they must vacate the unit by May 15, 2024 and pay the landlord $29,081.75 in rent arrears and application fees.
Adjudicator Details
LTB Member
Total Orders
1051
Landlord Favorable
97.3%
Tenant Favorable
1.7%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$2,654
Rent Arrears
$29,194
Application Fee
$186
Total Owing
$29,082 (Owed to Landlord)
Source
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