Landlord and Tenant Reach Agreement in Peterborough Rent Dispute: Asta v Clifford, Munro 2021
Peterborough landlord and tenants reach agreement to avoid eviction for non-payment of rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
168 1/2 Charlotte Street, Peterborough, ON K9J2T8
Dispute resolved in
agreement
Balance Owed to Landlord
$976
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Jul 2021
Hearing Date
Aug 2021
Order Date
Nov 29, 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 application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
Determinations
- Tenants were in possession on hearing date
- Tenants did not pay rent from June 2020 to August 2021
- Monthly rent is $790
- Total outstanding amount is $976 (rent arrears and application fee)
- Landlord consented to payment plan to preserve tenancy
- Tenants intended to pay additional $150/month to catch up on arrears
Case Study
The Tenants are encouraged to file their own application to the Board about any maintenance or other issues at the rental unit. The Act does not provide the Tenants with any authority to unilaterally withhold rent payments.
Arguments and Actions
Landlord
Arguments
Landlord consented to a payment plan to preserve the tenancy, as the rental unit needed extensive renovations and the Landlord was incurring considerable ongoing expenses.
Tenant
Actions
Tenants withheld one month's rent due to alleged maintenance issues and noise problems at the rental unit.
Decision Summary
The Landlord's application for eviction is denied on the condition that the Tenants make the specified monthly payments to pay off the rent arrears and application fee by May 2022. If the Tenants fail to make the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants.
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
$790
Rent Arrears
$790
Application Fee
$186
Total Owing
$976 (Owed to Landlord)
Source
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