Homestead Land Holdings Limited v Malik - LTB Ruling on Non-payment of Rent
Landlord wins eviction case against Kingston tenant for $4358 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 670 Sir John A Macdonald Blvd, Kingston, ON K7M1A3
Decision in favor of
landlord
Balance Owed to Landlord
$4,358
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jan 2024
Hearing Date
Jun 2024
Order Date
Jun 20, 2024
Tenancy End Date
Jul 2024
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 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 $750 since application filed
Arguments and Actions
Tenant
Actions
Tenant was seeking assistance from the Salvation Army to facilitate the payment of her rental arrears.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $6,299.05 by June 30, 2024 or $7,442.90 by July 31, 2024. If the Tenant does not void the order, the Tenant must move out by July 31, 2024 and pay the Landlord $4,357.58, plus daily compensation of $37.61 from June 11, 2024 until the move-out date.
Reason for Eviction Relief
to provide the Tenant more time to complete the application process with the Salvation Army in order to potentially receive assistance with her rental arrears to try and preserve her tenancy
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
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Financial Details
Lawful Rent
$1,144
Rent Arrears
$6,113
Application Fee
$186
Rent Deposit
$1,166
Deposit Interest
$8
Total Owing
$4,358 (Owed to Landlord)
Source
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