Chiasson v Chretien: Non-payment of Rent Case in Sudbury, ON
LTB Case: Chiasson v Chretien - Rent Arrears Dispute
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 699 Regent St, Sudbury, ON P3E3Y5
Decision in favor of
landlord
Balance Owed to Landlord
$9,141
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2022
Hearing Date
Jan 2023
Order Date
Feb 7, 2023
Tenancy End Date
Mar 2023
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Tenant did not void the N4 Notice by paying the arrears. The Tenant proposed a payment plan to preserve the tenancy, citing financial difficulties and personal circumstances.
Determinations
- Interest on rent deposit is $29.10
- Landlord holds $1,895.00 rent deposit
- Landlord incurred $186.00 application filing fee
- Landlord served valid N4 Notice
- Lawful rent is $2,137.13 due on 1st of each month
- Rent arrears owing to January 31, 2023 are $11,751.43
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
Case Study
The Board considered the Tenant's circumstances under section 83 of the Residential Tenancies Act, including the impact of COVID-19 and the Tenant's personal and family situation. However, the Board determined that the tenancy was no longer financially viable for the Landlord. A brief delay in eviction was granted to balance the interests of both parties.
Arguments and Actions
Tenant
Arguments
Tenant requested to preserve the tenancy by proposing a payment plan for arrears while maintaining current rent payments.
Actions
Tenant explained that arrears began due to an overdrawn bank account, which consumed a portion of her funds when deposits were made. This issue has been corrected, and the Tenant proposed to make monthly arrears payments of $1,200.00 using her 'baby bonus' cheques.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amounts. The Tenant must pay $14,074.56 by February 28, 2023, or $16,211.69 by March 18, 2023, to void the order. If the Tenant does not void the order, they must move out by March 18, 2023, and pay $9,140.88 plus $70.26 per day from January 19, 2023, until they vacate.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$2,137
Rent Arrears
$11,751
Application Fee
$186
Rent Deposit
$1,895
Deposit Interest
$29
Total Owing
$9,141 (Owed to Landlord)
Source
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