Landlord Wins Non-payment Case: Koch Enterprises Inc. v Dawson 2023
Kitchener tenants evicted for non-payment of rent, owe $3546 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
703 81 Church St, Kitchener, ON N2G4M1
Decision in favor of
landlord
Balance Owed to Landlord
$3,546
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Tenancy End Date
Jun 2023
Hearing Date
Sep 2023
Order Date
Oct 4, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
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. There was a dispute over the date the tenants vacated the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-06-30
- Lawful rent due on 1st of each month
- Tenant paid $1,000 towards arrears
Case Study
The Landlord served a valid N4 notice and the Tenants did not void it by paying the arrears. The Tenants vacated the rental unit on June 30, 2023, and the Landlord was entitled to the rent arrears up to that date. The Landlord was also entitled to the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on June 30, 2023, and left some belongings behind due to an altercation with a staff member.
Decision Summary
The tenancy was terminated effective June 30, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $3,545.59 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.
Adjudicator Details
LTB Member
Total Orders
70
Landlord Favorable
74.3%
Tenant Favorable
17.1%
Mutual Agreement
8.6%
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Financial Details
Lawful Rent
$2,201
Rent Arrears
$6,603
Application Fee
$186
Rent Deposit
$2,175
Deposit Interest
$69
Total Owing
$3,546 (Owed to Landlord)
Source
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