Adams v Joncas: Non-payment of Rent and Late Payments Dispute in Windsor, ON
Windsor landlords awarded $6542 in rent arrears from tenants
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1464 Goyeau Street, Windsor, ON N8X3L3
Decision in favor of
landlord
Balance Owed to Landlord
$6,542
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Dec 2020
Tenancy End Date
Aug 2021
Hearing Date
Jul 2022
Order Date
Jun 30, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment. The Tenant had already vacated the rental unit on August 14, 2021, prior to the hearing date. The dispute centered around the calculation of rent arrears, as both parties failed to keep accurate records of cash payments.
Determinations
- Cash payments were made without receipts
- L2 application based on N8 Notice withdrawn
- Landlords did not pay interest on deposit
- Landlords held last month's rent deposit of $950.00
- Lawful rent was $950.00 due on 1st of each month
- Tenant owes Landlords $6,541.62
- Tenant vacated on 2021-08-14
Case Study
The Tenant could have improved their position by maintaining accurate records of rent payments and requesting receipts for cash payments. The Landlords could have strengthened their case by providing receipts for cash payments and maintaining more accurate records of rent received.
Arguments and Actions
Landlord
Arguments
Landlords initially sought $10,954.00 in rent arrears plus the application fee, which was disputed by the Tenant.
Actions
Landlords failed to provide receipts for cash payments and did not keep accurate records of rent received. Landlords did not pay interest on the rent deposit as required.
Procedural Errors
Landlords' L1 application, N4 Notice, and Update Sheet contained several errors with respect to the calculations of rent outstanding.
Tenant
Arguments
Tenant argued for lower rent arrears based on their recollection of payments made and bank withdrawal records.
Actions
Tenant failed to keep accurate records of cash payments made for rent. Tenant's bank records showed discrepancies with their own ledger regarding payment amounts.
Decision Summary
The tenancy was terminated effective August 14, 2021. The Tenant is ordered to pay $6,541.61 to the Landlords by July 11, 2023. This amount includes rent arrears, application fee, minus the last month's rent deposit and interest owed on the deposit. The L2 application based on the N8 Notice was dismissed.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$950
Rent Arrears
$7,404
Application Fee
$201
Rent Deposit
$950
Deposit Interest
$113
Total Owing
$6,542 (Owed to Landlord)
Source
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