Landlord Wins Non-payment Case: Kyle Malinouski v Jessica Kinsella 2023
Brantford tenant given chance to pay $956 to avoid eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 49 Allenby Ave, Brantford, ON N3S1R1
Decision in favor of
landlord
Balance Owed to Landlord
$195
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
May 2023
Order Date
Jun 6, 2023
Tenancy End Date
Jun 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, and the Tenant did not void the notice by paying the rent arrears.
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 $3,635.71 since application filed
Case Study
The Tenant should have paid the rent arrears to void the N4 notice. The Tenant was still in possession of the rental unit at the time of the hearing, and the Landlord was entitled to the rent arrears and the cost of filing the application.
Arguments and Actions
Tenant
Actions
Tenant testified that it would be difficult for her to pay the arrears and the application fee, but stated that her mother also lives in the unit and contributes to the rent.
Decision Summary
The tenancy will be terminated on June 30, 2023 unless the Tenant pays $955.69 to void the order and continue the tenancy. If the Tenant does not pay, the Tenant must move out by June 30, 2023 and pay the Landlord $195.02 in rent arrears and application fees.
Reason for Eviction Relief
to allow the Tenant sufficient time to find the funds to pay the arrears and preserve the tenancy
Adjudicator Details
LTB Member
Total Orders
190
Landlord Favorable
93.2%
Tenant Favorable
4.2%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$612
Rent Arrears
$158
Application Fee
$186
Total Owing
$195 (Owed to Landlord)
Source
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