Landlord Wins Non-payment Case: Kiefl v Zhang 2023
Ottawa tenant evicted for non-payment of rent, owes $25079 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 428 Sparks Street, Ottawa, ON K1R0A8
Decision in favor of
landlord
Balance Owed to Landlord
$25,079
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Aug 2023
Order Date
Aug 28, 2023
Tenancy End Date
Sep 2023
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 at the time of the hearing.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,919.01 due on 15th of each month
- No payments made since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant contested the application, claiming the apartment size was misrepresented, but did not provide evidence to support this claim or how it impacted the Tenant. The Tenant also claimed damages to the vehicle and skin irritation, but did not provide supporting evidence. The rent arrears are substantial, and denying eviction would prejudice the Landlord.
Arguments and Actions
Tenant
Arguments
Tenant requested a 20% rent reduction due to the difference in apartment size from the advertisement.
Actions
Tenant contested the application, claiming the apartment size was misrepresented, and that there was damage to her vehicle and skin irritation, but did not provide supporting evidence.
Decision Summary
The tenancy is terminated unless the Tenant pays $28,856.49 to void the order by September 8, 2023. If the Tenant does not void the order, the Tenant must pay $25,079.08 to the Landlord and vacate the unit by September 8, 2023. The Tenant will also owe daily compensation of $63.09 starting August 16, 2023 until the move-out date.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Lawful Rent
$1,919
Rent Arrears
$28,670
Application Fee
$186
Rent Deposit
$1,850
Deposit Interest
$71
Total Owing
$25,079 (Owed to Landlord)
Source
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