Kingston & Frontenac Housing Corporation v Marriott - LTB Ruling on Non-Payment of Rent
Kingston landlord wins eviction case against tenant who failed to pay rent under mediated settlement agreement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 212 Bagot Street, Kingston, ON K7L5G6
Decision in favor of
landlord
Balance Owed to Landlord
$12,981
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Apr 2023
Order Date
May 19, 2023
Tenancy End Date
May 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant's failure to meet the conditions of a mediated settlement agreement. The tenant had failed to pay rent and arrears by the specified due dates.
Determinations
- Tenant failed to pay rent in full by December 1, 2022
- Tenant failed to pay $200 arrears by December 1, 2022
- Tenant failed to pay rent in full by January 1, 2023
- Tenant failed to pay $200 arrears by January 1, 2023
- Tenant owes $4,031.40 from previous mediated settlement
- Tenant owes $10,126.85 in new arrears from September 2022 to May 2023
- Landlord entitled to daily compensation from May 20, 2023
Case Study
The tenant acknowledged the breach and testified that personal issues had led to her financial difficulties. The landlord was entitled to terminate the tenancy and seek payment of the outstanding rent and arrears under the terms of the mediated settlement agreement.
Arguments and Actions
Tenant
Actions
Tenant acknowledged the breach and testified that she has endured a lot of trauma the past year, which has led to her financial issues. The Tenant testified that she is unemployed and is applying for assistance.
Decision Summary
The tenancy is terminated effective May 30, 2023. The tenant must pay the landlord $12,980.61 plus $39.22 per day starting May 20, 2023 until the tenant vacates the unit. If the tenant does not pay the full amount by May 30, 2023, the tenant will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Arrears
$14,158
Rent Deposit
$1,167
Deposit Interest
$11
Total Owing
$12,981 (Owed to Landlord)
Source
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