Landlord Wins Rent Arrears Case Against Tenant in Oshawa: Haider v Livernoche Tellez 2023
Oshawa landlord awarded $9886 in rent arrears and costs against non-paying tenant
Summarized by RentZenLast updated: August 6, 2024
Case Summary
1516, 2550 Simcoe St N, Oshawa, ON L1L0R5
Decision in favor of
landlord
Balance Owed to Landlord
$9,886
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Mar 2023
Tenancy End Date
Jul 2023
Hearing Date
Sep 2023
Order Date
Nov 6, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlord applied for an order requiring the Tenant to pay the rent that the Tenant owes. The Tenant did not pay the total rent they were required to pay for the period from March 1, 2023 to July 30, 2023.
Determinations
- Tenant did not pay rent from March 1, 2023 to July 30, 2023
- Lawful rent is $2,425 per month, due on the 1st of each month
- Tenant has not made any payments since the application was filed
- Tenant was still in possession of the unit up to July 30, 2023
- Tenancy ended on July 30, 2023 when Tenant moved out
Case Study
The leading case on the meaning of "in possession" is the Court of Appeal's decision in 1162994 Ontario Inc. v. Bakker, 2004 CanLII 59995 (ON CA). In Bakker the Court held that possession of a rental unit refers to some form of control over that unit as demonstrated by such factors such as access to, use of, or occupation of the unit. Whether a tenant has returned the keys is an important factor to consider when determining whether a tenant is still in possession, however it is not determinative.
Arguments and Actions
Landlord
Actions
Landlord reached out to Tenant several times but did not hear back. Landlord had to pay $1,408 in unpaid utilities.
Tenant
Arguments
Tenant argues that she is only liable for the rent for March and May of 2023.
Actions
Tenant lost her father in April 2022 and lost her job by December 2022. She had no savings and had to move out on May 12, 2023 but did not inform the Landlord. She had to pay a deposit to rent the elevator to move out.
Decision Summary
The Tenant shall pay to the Landlord $9,886.00, which includes rent arrears owing up to July 30, 2023 and the cost of the application. If the Tenant does not pay the full amount by November 17, 2023, the Tenant will start to owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
108
Landlord Favorable
82.4%
Tenant Favorable
13.0%
Mutual Agreement
4.6%
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Financial Details
Lawful Rent
$2,425
Rent Arrears
$9,700
Application Fee
$186
Total Owing
$9,886 (Owed to Landlord)
Source
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