Landlord Wins Non-payment Case: Corp v Hassan 2023
Kitchener tenant evicted for non-payment of rent, owes $3935 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
23 Patricia Avenue, Kitchener, ON N2M1K1
Decision in favor of
landlord
Balance Owed to Landlord
$3,935
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Nov 2023
Order Date
Dec 6, 2023
Tenancy End Date
Dec 2023
We estimate Application Date using rent arrears.
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $2,751 since application filed
- Rent arrears owing to 2023-11-30 are $2,820.40
- Landlord incurred $186 application filing fee
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant failed to provide evidence to support his claims of illegal deductions and payments, despite having the opportunity to do so. The Landlord was entitled to the rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Arguments
Tenant argued that he did not owe the rent arrears as alleged.
Actions
Tenant testified that he had bank statements that proved he had paid the rent, in addition to proof that the Landlord had illegally taken money from his account.
Procedural Errors
Tenant failed to provide evidence to support his claims despite having the opportunity to do so.
Aggravating Factors
Tenant is actively attempting to engage in abuse of process
Decision Summary
The tenancy will be terminated on December 17, 2023 unless the Tenant pays $3,934.95 to void the order and continue the tenancy. If the Tenant does not pay the full amount, the Tenant must move out by December 17, 2023 and pay $1,905.07 to the Landlord, plus daily compensation of $30.53 from November 23, 2023 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$929
Rent Arrears
$6,500
Application Fee
$186
Rent Deposit
$826
Deposit Interest
$18
Total Owing
$3,935 (Owed to Landlord)
Source
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