Case Study

Eviction for non-payment of rent · Kitchener · SWL-54914-21

Ontario LTB order in Kitchener · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 20, 2021

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-54914-21
Address: e2, 101 tuerr drive kitchener on n2e2y4
Amount Awarded: $2,676.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Victoria park community homes
Landlord Rep: Self Represented
Tenant: Nicole mckenzie
Tenant Rep: Self Represented
Adjudicator: Jitewa Edu
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

📑 Findings & determinations

It is ordered that: 1. The amount outstanding to December 31, 2021, inclusive of rent arrears $2,490.00 and costs $186.00 is $2,676.00. 2. The Landlord’s application for eviction of the Tenant is denied on the condition that: (a) The Tenant shall make the following payments to the Landlord in respect of the monies owing under paragraph 1 of this order: Date Payment Due Amount of Payment On or before December 20, 2021 $1,100.00 (costs and arrears) From January 2022 to August 2022 $191.00 on the 1 st of each corresponding month (arrears) On or before September 1, 2022 $48.00 (arrears) (b) The Tenant shall also pay the Landlord the rent for the months of January 2022 up to and including September 2022 in full, on or before the first day of each corresponding month. 3. If the Tenant fails to make any of the payments in accordance with paragraph 2, and by the dates required, then: (a) The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 2 of this order. (b) The balance owing under paragraph 1 of this order shall become payable on the day following the date of default. The monies owing shall bear interest at the post- judgment interest rate determined under subsection 207(7) of the Act. January 7, 2022 Date Issued Jitewa Edu Member, Landlord and Tenant Board South Wes...

💡 Summary points

applied for an order to terminate the tenancy and evict Nicole McKenzie (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on December 20, 2021.
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🧑‍⚖️ Same adjudicator

Jitewa Edu

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