Landlord Wins Non-payment Case: Skyline Living v Gilbert Bouvier 2023
Kingston tenants evicted for non-payment of rent, owe $2515 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, Compton St, Kingston, ON K7K5Z5
Decision in favor of
landlord
Balance Owed to Landlord
$2,515
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Tenancy End Date
Feb 2023
Hearing Date
Apr 2023
Order Date
Apr 25, 2023
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 tenants had vacated the rental unit on February 17, 2023, prior to the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Tenants vacated on 2023-02-17
- Lawful rent was $1,295.97
- Tenant paid $7,009.67 since application filed
- Rent arrears owing to 2023-02-17 are $2,209.24
- Landlord entitled to $120 for NSF charges
- Landlord entitled to $186 for filing application
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The tenants vacated the rental unit before the hearing date, and the landlord was entitled to the rent arrears up to the move-out date. The landlord was also entitled to the cost of filing the application and the NSF charges.
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on February 17, 2023, without paying full rent arrears.
Decision Summary
The tenancy was terminated effective February 17, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $2,515.19 to the landlord, which includes rent arrears up to the move-out date, NSF charges, and the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,296
Rent Arrears
$2,209
Application Fee
$186
Other Owed Amount
$120
NSF charges
Total Owing
$2,515 (Owed to Landlord)
Source
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