Landlord Wins Eviction Case Against Tenant Over Unpaid Rent: Baker v Nguyen 2021
Kitchener landlords awarded $14800 after tenant fails to prove pest issues justified withholding rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
53 Madison Ave, Kitchener, ON N2H2Z5
Decision in favor of
landlord
Balance Owed to Landlord
$14,849
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2020
Hearing Date
Mar 2021
Order Date
Mar 25, 2021
Tenancy End Date
Apr 2021
Dispute Summary
Landlords 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.
Determinations
- Tenant had not paid $14,659.20 of the total rent the Tenant was required to pay for the period from December 1, 2019 to March 31, 2021
- Landlords served a Notice of Termination effective March 31, 2020 due to the rent arrears
- This is a monthly tenancy and the Tenant is in possession of the rental unit
- Tenant testified that he withheld the rent in protest of a rat infestation in the unit and that he has the funds available to immediately satisfy the arrears
- Tenant elected to pursue his infestation claim under section 82 of the Residential Tenancies Act, 2006
- Tenant's failure to provide reasonable evidence to support his claim for reimbursement of damaged personal items was fatal to the assessment of his credibility on this issue
- It would not be unfair to grant relief from eviction, as the Tenant was unaware that it is illegal to withhold rent as a tool to protest the maintenance condition of the unit
Case Study
The Tenant testified that he withheld the rent in protest of a rat infestation in the unit and that he has the funds available to immediately satisfy the arrears. The Tenant elected to pursue his infestation claim under section 82 of the Residential Tenancies Act, 2006. However, the Board found that the Tenant's failure to provide reasonable evidence to support his claim for reimbursement of damaged personal items was fatal to the assessment of his credibility on this issue. The Board also found that it would not be unfair to grant relief from eviction, as the Tenant was unaware that it is illegal to withhold rent as a tool to protest the maintenance condition of the unit.
Arguments and Actions
Tenant
Arguments
Tenant elected to pursue his infestation claim under section 82 of the Residential Tenancies Act, 2006.
Actions
Tenant testified that for "the last several years" rats have been entering the unit from under the kitchen sink and behind the stove, and that he has the funds available to immediately satisfy the arrears.
Procedural Errors
Tenant's failure to provide reasonable evidence to support his claim for reimbursement of damaged personal items was fatal to the assessment of his credibility on this issue.
Decision Summary
The tenancy was terminated effective April 5, 2021. The Tenant is ordered to pay $12,645.48 to the Landlords, which represents the amount of rent owing and compensation up to March 25, 2021, plus $190.00 for the cost of filing the application. The Tenant is also ordered to pay $30.12 per day for compensation for the use of the unit starting March 26, 2021 to the date the Tenant moves out of the unit. If the Tenant does not pay the full amount owing by April 5, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by April 5, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Adjudicator Details
LTB Member
Total Orders
275
Landlord Favorable
87.6%
Tenant Favorable
4.4%
Mutual Agreement
8.0%
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Financial Details
Rent Arrears
$14,659
Application Fee
$190
Total Owing
$14,849 (Owed to Landlord)
Source
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