Issa v Jenkins: Eviction Denied, Payment Plan Ordered - Tecumseh, ON
Tecumseh tenant avoids eviction for non-payment, granted 28-month payment plan
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 13220 Harvest Lane, Tecumseh, ON N8N3T6
Decision in favor of
tenant
Balance Owed to Landlord
$13,812
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2021
Hearing Date
Jul 2022
Order Date
Aug 2, 2022
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 explained financial hardship due to alleged noise disruptions by the Landlord affecting his work-from-home profession. The Landlord's application for eviction was denied, subject to conditions for rent arrears payment.
Determinations
- Daily rent/compensation is $49.91
- Landlord entitled to $186.00 application filing cost reimbursement
- Landlord holds $1,500.00 rent deposit
- Landlord served valid N4 Notice
- Lawful rent is $1,518.00 due on 1st of each month
- No payments made since application filed
- Rent arrears to July 31, 2022 are $12,108.00
- Tenant did not void notice by paying arrears
- Tenant still in possession of rental unit
Case Study
The Tenant's explanation of financial hardship due to alleged Landlord behavior and COVID-19 impacts was considered under subsection 83(2) of the Residential Tenancies Act. The Board found it not unfair to deny eviction, given the Tenant's circumstances and willingness to pay arrears over time. To overturn this decision, the Landlord would need to provide evidence contesting the Tenant's claims or show the payment plan is unreasonable.
Arguments and Actions
Landlord
Actions
Landlord did not attend the hearing to provide evidence or contest the Tenant's testimony.
Tenant
Arguments
The Tenant argued that COVID-19 related public health restrictions and lockdowns prevented him from moving out despite wanting to do so due to the adverse impact on his work and quality of life.
Actions
Tenant explained he is a personal development coach and author who works from the rental unit. He testified that he fell into financial hardship due to the Landlord's alleged noise-making behavior disrupting his work.
Decision Summary
The Landlord's application for eviction is denied. The Tenant is ordered to pay $13,812.00 in arrears and costs. A payment plan is established, requiring the Tenant to pay $500 monthly from September 15, 2022, to December 15, 2024, with a final payment of $126 on January 15, 2025. The Tenant must also pay regular monthly rent. If the Tenant defaults, the Landlord may reapply for eviction within 30 days of the breach.
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
$1,518
Rent Arrears
$13,626
Application Fee
$186
Rent Deposit
$1,500
Total Owing
$13,812 (Owed to Landlord)
Source
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