Landlord Wins Eviction Case Against Non-Paying Tenants in Oshawa: Guerra v Haniff and Rampersad 2021
Oshawa landlord awarded eviction and $18000 in rent arrears after tenants failed to uphold repayment agreement
Summarized by RentZenLast updated: July 26, 2024
Case Summary
311 Vancouver Crescent, Oshawa, ON L1J5X8
Decision in favor of
landlord
Balance Owed to Landlord
$18,000
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Sep 2021
Order Date
Sep 15, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet a condition specified in a previous order issued by the Board.
Determinations
- Tenants owed Landlord more than $18,000 in unpaid rent in October 2020
- Landlord agreed to provide Tenants with a repayment plan
- Tenants frequently made late payments and have not paid any rent or made any payments toward arrears in the past four months
- Tenants again owe Landlord more than $18,000
- Landlord's representative objected to Tenants' request for another opportunity to enter into a repayment plan
- Tenants filed motion in July 2021 because Sheriff was attending in two days
- Tenants testified they have no money to pay Landlord anything until October 2021
Case Study
The Tenants were previously provided an opportunity to repay the large debt owed to the Landlord, but they failed to make any payments in the past four months. The Tenants' discrepancy between their stated employment status and their inability to pay anything until October 2021 led the adjudicator to find it would be unfair to the Landlord to grant relief once again.
Arguments and Actions
Landlord
Arguments
Landlord's representative objected to Tenants' request for another opportunity to enter into a repayment plan.
Actions
Landlord agreed to provide Tenants with a plan to repay the outstanding amounts owing.
Tenant
Arguments
Tenants filed motion to set aside order because Sheriff was attending in two days.
Actions
Tenants have not paid any rent or made any payments toward arrears in the past four months.
Decision Summary
The motion to set aside Order TEL-17798-21, issued on July 7, 2021, is denied. The stay of order TEL-17798-21 is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$18,000
Total Owing
$18,000 (Owed to Landlord)
Source
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