Landlord Wins Rent Arrears Case Against Tenants in Ottawa: 2555540 Ontario Inc. v Douglas 2021
Ottawa landlord recovers $5666 in rent arrears, but denied eviction due to pandemic impact on tenants
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1440 Mayview Avenue, Ottawa, ON K1Z8H8
Decision in favor of
landlord
Balance Owed to Landlord
$5,666
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Apr 2021
Hearing Date
Aug 2021
Order Date
Nov 26, 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Tenants had accrued rent arrears since the death of one of the Tenants, Rick Rowen, who passed away 7-8 months prior to the hearing.
Determinations
- Tenants have not paid rent from May 1, 2021 to August 31, 2021
- Tenants are in possession of the rental unit
- Current monthly rent is $1,350.00
- Total amount outstanding to August 31, 2021 is $5,666.00, including rent arrears, NSF fees, and application filing fee
Case Study
Eviction is a remedy of last resort, and the Residential Tenancies Act, 2006 is remedial legislation. The payment plan proposed by the Tenants would see the total outstanding amount paid to the Landlord in full in approximately six months, which is a reasonable period of time, especially in light of the COVID-19 pandemic.
Arguments and Actions
Tenant
Actions
Tenants started accruing arrears after the death of Rick Rowen, who passed away 7-8 months before the hearing. Ovid Fitzpatrick Douglas stated he had recently acquired part-time employment and would be able to pay the outstanding amount to the Landlord within a reasonable period of time.
Decision Summary
The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the specified payments towards the outstanding amount of $5,666.00 by the due dates. If the Tenants fail to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and the balance owing shall become payable with interest.
Adjudicator Details
LTB Member
Total Orders
696
Landlord Favorable
92.5%
Tenant Favorable
1.9%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$1,350
Rent Arrears
$5,400
Application Fee
$186
Other Owed Amount
$80
NSF fees
Total Owing
$5,666 (Owed to Landlord)
Source
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