Substantial Rent Arrears: Elite PM Inc v Bessette 2024 LTB Case
Kitchener tenants face eviction after accumulating $25500 in rent arrears and persistent non-payment
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 99 Broken Oak Cres, Kitchener, ON N2N1N8
Decision in favor of
landlord
Balance Owed to Landlord
$22,464
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Tenancy End Date
Sep 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and persistent late rent payments. Tenants have substantial rent arrears and have not paid rent for several months.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession of rental unit
- Substantial rent arrears of $25,500.00
- L2 application for persistent late payment dismissed
Case Study
Court distinguished between non-payment and late payment of rent, noting different procedural requirements for N4 and N8 notices.
Arguments and Actions
Landlord
Arguments
Argued tenants have history of unpaid rent arrears
Actions
Denied payment plan, cited substantial rent arrears
Tenant
Arguments
Requested adjournment to prepare section 82 issues, requested payment plan
Actions
Tenants stopped paying rent after moving in, lost jobs due to basement tenant's behavior
Procedural Errors
Late request for section 82 issues
Aggravating Factors
Tenant claims job loss due to basement tenant's disruptive behavior
Decision Summary
Tenancy terminated unless Tenants void the order by paying $28,086.00 by September 25, 2024. If not paid, Tenants must vacate and owe $22,464.32 plus daily compensation.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$2,400
Rent Arrears
$25,500
Application Fee
$186
Rent Deposit
$2,400
Deposit Interest
$79
Other Owed Amount
$4,540
Unpaid utilities
Total Owing
$22,464 (Owed to Landlord)
Source
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