Landlord Wins Eviction Case: Trevex Developments Inc. v Omar 2024
Kitchener landlord wins eviction case, tenant ordered to pay $21614 in rent arrears
Summarized by RentZenLast updated: November 3, 2024
Case Summary
652 Victoria St S, Kitchener, ON N2M3B1
Decision in favor of
landlord
Balance Owed to Landlord
$21,614
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jul 9, 2024
Tenancy End Date
Jul 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
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
- No payments made since application filed
Arguments and Actions
Tenant
Actions
Tenant states he does not want to live in the rental unit and would rather move, but requests 30 days to vacate. Tenant also states he has had several verbal and a physical altercation with the Landlord's Representative which resulted in police being contacted.
Decision Summary
The Landlord's application is granted. The tenancy is terminated unless the Tenant pays $23,946 by July 20, 2024 to void the order. If the Tenant does not pay, they must vacate the unit by July 20, 2024 and pay the Landlord $21,613.50 plus daily compensation of $65.10 from June 26, 2024 until the Tenant vacates.
Adjudicator Details
LTB Member
Total Orders
312
Landlord Favorable
88.1%
Tenant Favorable
9.0%
Mutual Agreement
2.9%
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Financial Details
Lawful Rent
$1,980
Rent Arrears
$21,780
Application Fee
$186
Total Owing
$21,614 (Owed to Landlord)
Source
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