Landlord and Tenant Reach Agreement on Rent Arrears: Codreanu Popa v Backlund
Ottawa landlord and tenant reach agreement on rent arrears case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 886 Watson Street, Ottawa, ON K2B6B9
Dispute resolved in
agreement
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2020
Hearing Date
Mar 2021
Order Date
Jun 15, 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). However, the Tenant had paid all outstanding arrears of rent to the Landlord by the hearing date, so the Landlord only sought an order for the application filing fee.
Determinations
- Tenant in possession of rental unit
- Tenant paid all outstanding rent arrears by hearing date
- Landlord served valid N4 Notice
- Rent due on 1st of each month
- Tenant usually paid rent in weekly installments, but did not adhere to this schedule in August 2020
Case Study
The Landlord was entitled to the application filing fee, as the Tenant was in arrears of rent at the time the application was filed. However, due to the Tenant's lengthy tenancy and the fact that the Tenant had paid all rent arrears by the hearing date, the payment of the application filing fee was postponed to July 31, 2021 to give the Tenant additional time to secure the funds.
Arguments and Actions
Tenant
Arguments
Tenant argued that there was an ongoing agreement between the parties for the Tenant to pay rent in installments throughout the month, and that the Tenant should not be responsible for the application filing fee.
Actions
Tenant usually paid rent in weekly installments of $300, but did not adhere to this schedule in August 2020.
Decision Summary
The Tenant shall pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by July 31, 2021, the Tenant will start to owe simple interest at 2.00% annually on the outstanding balance.
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
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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