Landlord Wins Rent Arrears Case Against Tenant in Ajax: Ajax Municipal Housing Corporation v Washington 2021
Tenant ordered to pay $1330 in rent arrears to Ajax landlord, avoiding eviction
Summarized by RentZenLast updated: July 26, 2024
Case Summary
28 Abbs Court, Ajax, ON L1T3M5
Decision in favor of
landlord
Balance Owed to Landlord
$1,330
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2020
Hearing Date
Feb 2021
Order Date
Feb 17, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had not paid the full rent from March 1, 2020 to August 7, 2020.
Determinations
- Tenant has not paid full rent from March 1, 2020 to August 7, 2020
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $573 as of November 1, 2020
- Tenant paid $4,691 after application was filed
- Tenant lost job due to COVID-19 in March 2020 and received EI benefits
- Rent arrears occurred due to subsidy reduction and lack of information from Landlord
- Subsidy provider recalculated arrears to reduce amount by $2,000
- Parties could not agree on monthly repayment amount
Case Study
The Tenant's rent was reduced due to a subsidy adjustment, but she was not informed of the new rent amount in a timely manner. This led to the rent arrears. The Landlord did not dispute the Tenant's explanation and the resulting reduction in the arrears amount. However, some arrears were still owed, including the February rent which was not related to the subsidy issue.
Arguments and Actions
Tenant
Arguments
Tenant argued that the rent arrears were not wholly her fault due to the Landlord's administrative delay/error in not informing her of the rent increase in a timely manner.
Actions
Tenant lost job due to COVID-19 in March 2020 and received EI benefits. Rent arrears occurred due to subsidy reduction and lack of information from Landlord.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenant pays $75 per month starting February 20, 2021 until June 20, 2022, with a final payment of $55 on July 20, 2022. The Tenant must also pay the full rent for March 2021 to July 2022 by the 1st of each month. If the Tenant fails to make any of these payments, the Landlord may apply to terminate the tenancy and evict the Tenant.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$573
Rent Arrears
$1,330
Application Fee
$186
Total Owing
$1,330 (Owed to Landlord)
Source
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