Landlord Wins Substantial Rent Arrears Case: Kikulew v McIntyre 2024
Brantford tenants face eviction after accumulating $41015 in unpaid rent over one year
Summarized by RentZenLast updated: November 14, 2024
Case Summary
102 Hunter Way, Brantford, ON N3T0A8
Decision in favor of
landlord
Balance Owed to Landlord
$35,000
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Apr 2023
Hearing Date
Apr 2024
Order Date
May 2, 2024
Tenancy End Date
May 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to substantial rent arrears exceeding the Board's monetary jurisdiction. One tenant had already vacated the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Lawful rent is $3,075.00 due on 1st of each month
- No rent payments made since application filed
- Rent arrears as of April 30, 2024 are $41,015.00
Arguments and Actions
Landlord
Arguments
Tenant has not paid rent for over one year, causing financial hardship
Actions
Filed small claims court claim against tenant
Tenant
Arguments
Stopped business operations due to landlord's direction, expecting settlement cheques
Actions
Stopped paying rent, claimed landlord told her to stop business operations, filed T2 and T6 applications
Decision Summary
Tenancy terminated unless tenants void the order by paying $44,276.00 by May 13, 2024. If not paid, tenants must vacate and pay $35,000.00 to landlord.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$3,075
Rent Arrears
$41,015
Application Fee
$186
Rent Deposit
$3,000
Deposit Interest
$105
Total Owing
$35,000 (Owed to Landlord)
Source
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