Landlord Wins Non-payment Case: Data Manager Inc. v Doxtator 2024
Kitchener tenants face eviction for non-payment of $13137 in rent
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 500 Westmount Rd W, Kitchener, ON N2M5M9
Decision in favor of
landlord
Balance Owed to Landlord
$13,137
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Dec 2023
Hearing Date
May 2024
Order Date
Jun 13, 2024
Tenancy End Date
Jun 2024
We estimate Application Date using rent arrears.
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
Arguments and Actions
Landlord
Actions
The Landlord's Agent testified that there had been previous promises by the Tenant to pay the rent and arrears, but no payments have been made since filing the application.
Tenant
Actions
Ms. Doxtator testified that she no longer lives in the unit, but her son, Dylan Doxtator, does. At the start of the tenancy, Mr. Doxtator anticipated his girlfriend would also be moving in and contributing to the rent, but she did not move in. Ms. Doxtator testified that she would be able to contribute $1,000.00 on the 15th of each month towards the arrears until they are paid off. She could not speak to if her son would be able to pay the rent consistently going forward.
Decision Summary
Unless the Tenant voids the order by paying $15,936 on or before June 24, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $13,137.31, which includes rent arrears up to the hearing date and the cost of filing the application. The Tenant must also pay daily compensation of $73.97 for each day of occupation starting May 24, 2024 until the Tenant moves out.
Adjudicator Details
LTB Member
Total Orders
27
Landlord Favorable
85.2%
Tenant Favorable
3.7%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$2,250
Rent Arrears
$13,500
Application Fee
$186
Total Owing
$13,137 (Owed to Landlord)
Source
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