Landlord Wins Non-payment Case: Portsmouth Residential Inc. v Macdonald 2024
Kingston landlord wins $15395 in non-payment case, tenant evicted
Summarized by RentZenLast updated: October 13, 2024
Case Summary
103 Day St, Kingston, ON K7K4Y3
Decision in favor of
landlord
Balance Owed to Landlord
$15,395
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2023
Hearing Date
Dec 2023
Order Date
Jan 17, 2024
Tenancy End Date
Jan 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the 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 arrears.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $1,946.48 per month
- Tenant paid $3,798 since application filed
- Rent arrears owing to 2023-12-31 are $13,262.40
- Landlord incurred $186 application filing fee
Arguments and Actions
Landlord
Arguments
Landlord sought a 'standard' eviction order based on the amount of the arrears.
Actions
Landlord's representative testified that they attempted to communicate with the Tenant regarding a repayment plan since the Tenant fell into arrears.
Tenant
Arguments
Tenant proposed a repayment plan to pay an additional amount per month in addition to the monthly rent.
Actions
Tenant testified that there were issues with the online portal leading to confusion about what is owing. Tenant did not dispute the amount of arrears.
Decision Summary
The tenancy will be terminated on January 31, 2024 unless the Tenant pays $15,394.88 to void the order. If the Tenant does not void the order, they must vacate the unit by January 31, 2024 and pay the Landlord $8,534.62 plus daily compensation of $63.99 from December 15, 2023 until the date they move out.
Reason for Eviction Relief
Provide the Tenant with additional time to find alternative housing or source money to pay the Landlord
Adjudicator Details
LTB Member
Total Orders
379
Landlord Favorable
90.5%
Tenant Favorable
1.3%
Mutual Agreement
8.2%
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Financial Details
Lawful Rent
$1,946
Rent Arrears
$13,262
Application Fee
$186
Rent Deposit
$1,899
Deposit Interest
$65
Total Owing
$15,395 (Owed to Landlord)
Source
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