Evictly

Williams & McDaniel Property Management v Karggar

Landlord wins · Kitchener · 2025-11-12

Adjudicator
Mayra Sawicki
Dispute
Non-payment of Rent
Amount
<$5K
Landlord
Williams & McDaniel Property Management
Tenant
Z.K., H.A.
Landlord rep
J. Anderson

What happened

The Landlord requested a review of a previous LTB order, arguing that the adjudicator had incorrectly treated the application as one based on an N4 notice (termination for non-payment) when it was actually an L9 application (arrears only). The Tenants had vacated the unit before receiving the original order. The review was granted, and the matter was reheard. The Tenants admitted they owed rent up to July 31, 2025, but claimed they moved out early due to smoking issues from a neighboring unit.

The ruling

The review request was granted, and the previous order was cancelled. The Tenants are ordered to pay the Landlord $2,388.01 by November 23, 2025. This amount covers rent arrears up to the lawful termination date of July 31, 2025, and an NSF fee, minus the applied rent deposit and interest. The tenants were not evicted as the application was for arrears only and they had already vacated.