Landlord Wins Non-payment Case: materania v Kimmett 2023
Ottawa tenants ordered to pay $12901 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
228 Arrita St, Ottawa, ON K2S0J7
Decision in favor of
landlord
Balance Owed to Landlord
$12,901
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Oct 2022
Hearing Date
Apr 2023
Order Date
Apr 28, 2023
Tenancy End Date
May 2023
We estimate Application Date using rent arrears.
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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent due on 1st 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 landlord was entitled to the rent arrears up to the hearing date, and the cost of filing the application, minus the rent deposit and interest on the deposit.
Arguments and Actions
Landlord
Actions
The Landlord noted there are substantial arrears owing, causing financial hardship.
Tenant
Actions
The Tenant has a family and indicated he has suffered health issues that have impacted his employment. The Tenant will be resuming full time employment on April 24 and does not wish to remain at the rental unit. The Tenant indicated he has a place available starting May 1, but seeks additional time to secure the necessary capital to relocate.
Decision Summary
The tenancy will be terminated if the tenants do not pay $16,286 by April 30, 2023 or $18,586 by May 15, 2023 to void the order. If the tenants do not pay, they must move out by May 15, 2023 and pay $12,901.36 to the landlord.
Adjudicator Details
LTB Member
Total Orders
417
Landlord Favorable
83.2%
Tenant Favorable
12.9%
Mutual Agreement
3.8%
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Financial Details
Lawful Rent
$2,300
Rent Arrears
$16,100
Application Fee
$186
Rent Deposit
$2,300
Deposit Interest
$70
Total Owing
$12,901 (Owed to Landlord)
Source
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