Landlord Wins Non-payment Case: Silicon North Real Estate Corp c/o Domus Inc. v Milly 2023
Kitchener tenants ordered to pay $9610 or face eviction for non-payment of rent
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 428 Lancaster St W, Kitchener, ON N2H4V9
Decision in favor of
landlord
Balance Owed to Landlord
$9,610
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jan 2023
Hearing Date
Jun 2023
Order Date
Jul 11, 2023
Tenancy End Date
Jul 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. The tenant Terry Milly was still in possession of the rental unit at the time of the hearing, while the tenant Elisa Harris had moved out two months prior.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenant Terry Milly in possession on application date
- Tenant Elisa Harris moved out two months prior
- 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 is entitled to the rent arrears up to the hearing date, the cost of filing the application, and the NSF charges, minus the rent deposit and interest on the deposit.
Arguments and Actions
Tenant
Actions
Tenant Terry Milly seeks a delayed eviction by 60 days to find somewhere new to live for himself and his dog.
Decision Summary
The tenancy is terminated unless the tenants pay $9,609.72 to void the order by July 31, 2023. If the tenants do not pay this amount, they must move out by July 31, 2023 and pay the landlord $6,263.33, which includes rent arrears, application fees, and NSF charges, minus the rent deposit and interest.
Reason for Eviction Relief
To provide the Tenant with time to find new living arrangements
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,462
Rent Arrears
$7,786
Application Fee
$186
Rent Deposit
$1,445
Deposit Interest
$34
Other Owed Amount
$175
NSF charges
Total Owing
$9,610 (Owed to Landlord)
Source
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