Tenant Granted Relief from Eviction in Sudbury Rent Dispute: Buttera Property Holdings Inc. v Crystal Pierce 2021
Sudbury tenant granted relief from eviction for non-payment of rent, ordered to repay $2900 in arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
516 Lasalle Boulevard, Sudbury, ON P3A3B3
Decision in favor of
tenant
Balance Owed to Landlord
$2,901
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Nov 2021
Order Date
Nov 25, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant requested a review of the initial order, alleging she was unable to participate in the first hearing due to not receiving the Notice of Hearing.
Determinations
- Tenant did not receive Notice of Hearing for initial hearing
- Tenant was in possession on application date
- Lawful monthly rent is $1,069.20
- Tenant paid $8,493 after application filed
- Rent arrears through November 2021 are $2,699.71
Case Study
The Tenant was granted a review of the initial order, as she was found to not have been provided adequate information to meaningfully participate in the first hearing. The Landlord's application was then heard on the merits, with the Tenant and her representative in attendance.
Arguments and Actions
Landlord
Arguments
Landlord objected to the length of the 13-month repayment plan, indicating a preference for a shorter plan.
Tenant
Actions
Tenant is an ODSP recipient with health issues and limited support in the Sudbury area. She has part-time custody of a 12-year-old child, and the loss of her housing could jeopardize this custody arrangement. Tenant has demonstrated a good faith effort to meet her rent obligations, paying $8,493 after the application was filed.
Procedural Errors
Tenant was unable to meaningfully participate in the initial hearing due to not receiving the Notice of Hearing.
Decision Summary
The Landlord's application for eviction is denied, on the condition that the Tenant pays the outstanding rent arrears of $2,900.71 through a repayment plan. The Tenant is also required to pay the current rent on time going forward. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
563
Landlord Favorable
79.9%
Tenant Favorable
5.2%
Mutual Agreement
14.9%
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Financial Details
Lawful Rent
$1,069
Rent Arrears
$2,700
Application Fee
$201
Total Owing
$2,901 (Owed to Landlord)
Source
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