Landlord Wins Rent Arrears Case: 2345376 ONT INC v Becker 2024
North Bay tenant maintains tenancy through structured rent arrears payment plan after noise complaint dismissed
Summarized by RentZenLast updated: November 14, 2024
Case Summary
123 Delaware Ave, North Bay, ON P1B6Z6
Decision in favor of
landlord
Balance Owed to Landlord
$1,229
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Jul 2024
Hearing Date
Aug 2024
Order Date
Sep 17, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant raised substantial interference claim regarding noise from a community hub space above the rental unit.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
- Rent arrears of $1,042.50 agreed by parties
- Noise complaint from 2SLGBTQ+ youth community hub not substantiated
Case Study
Tenant's substantial interference claim was dismissed due to insufficient evidence and refusal to allow landlord to investigate noise complaint.
Arguments and Actions
Landlord
Arguments
Noise complaint not substantiated, no evidence of excessive disturbance
Actions
Offered to move Tenant to different unit, attempted to investigate noise from hallway
Tenant
Arguments
Noise from skate room above unit creates substantial interference
Actions
Tenant refused landlord's request to visit unit and investigate noise complaint
Procedural Errors
Refused landlord access to investigate noise complaint
Decision Summary
Landlord's application granted with conditional relief. Tenant to pay $1,228.50 in monthly installments of $50 over 24 months, with continued compliance required to maintain tenancy.
Reason for Eviction Relief
Original payment plan appears to be working, and Tenant has been complying with its terms
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$871
Rent Arrears
$1,043
Application Fee
$186
Total Owing
$1,229 (Owed to Landlord)
Source
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