Tenant Wins Rent Dispute: Equiton Residential Income Fund Lp v Moriwawon
Tenant wins rent dispute after landlord fails to properly serve notice, application dismissed
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 120 Old Carriage Drive, Kitchener, ON N2P1Z4
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2021
Hearing Date
Sep 2021
Order Date
Oct 28, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant had vacated the rental unit on June 30, 2021, the same day the Landlord filed the application.
Determinations
- Tenant vacated rental unit on 2021-06-30
- Landlord took over property management on 2021-04-21
- Landlord did not properly serve Tenant with notice to pay rent to new Landlord
- Tenant paid May 2021 rent to previous landlord as usual
- Other tenants also paid May 2021 rent to previous landlord
Case Study
The Landlord did not properly serve the Tenant with a notice attorning the rent to the new Landlord. The Tenant had no interest in paying the rent to the previous landlord despite a notice of attornment, and other tenants also paid the rent for May 2021 to the previous landlord, indicating the problem was not limited to the Tenant. Therefore, the Landlord has no claim against the Tenant for the rent for May 2021.
Arguments and Actions
Landlord
Actions
Landlord took over property management on 2021-04-21 and claimed to have served notice to tenants to pay rent to new Landlord.
Procedural Errors
Landlord did not properly serve Tenant with notice to pay rent to new Landlord.
Tenant
Actions
Tenant vacated the rental unit on 2021-06-30.
Decision Summary
The Landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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