Koundakjian v Akins: Non-payment of Rent and Harassment Claims Dismissed
Ottawa landlords win case against tenant for non-payment, harassment claims dismissed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 429 Kent Street, Ottawa, ON K2P1B5
Decision in favor of
landlord
Balance Owed to Landlord
$6,931
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Apr 2021
Tenancy End Date
Oct 2021
Hearing Date
Dec 2022
Order Date
Jan 26, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
Landlords applied for termination of tenancy and eviction due to non-payment of rent. Tenant filed two T2 applications alleging substantial interference with reasonable enjoyment, harassment, and illegal entry by the Landlords.
Determinations
- Tenancy terminated as of October 31, 2021
- Tenant ordered to pay $6,931.20 to Landlords
- Tenant's T2 applications dismissed
- Tenant's section 82 claim dismissed
Case Study
The Tenant failed to prove allegations in T2 applications and section 82 claim. The Landlords' actions were found to be reasonable and not constituting harassment or substantial interference.
Arguments and Actions
Landlord
Arguments
Landlords argued they responded reasonably to maintenance issues and did not refuse rent payments.
Actions
Landlords returned incorrectly made cheques to Tenant by sliding them under the door. Landlord's Agent attached unredacted PDF copy of Tenant's signed cheque in an email.
Tenant
Arguments
Tenant claimed Landlords refused to accept rent payments and gave conflicting instructions about payment methods. Tenant sought 100% rent abatement for days dehumidifiers were in the unit.
Actions
Tenant provided post-dated cheques payable to Landlords instead of Property Management company. Tenant contacted condo corporation's Property Managers instead of Landlord's emergency line when leak worsened.
Procedural Errors
Tenant did not notify Landlord's Agent when leak worsened and contacted condo corporation instead of using provided emergency line.
Decision Summary
The tenancy was terminated effective October 31, 2021. The Tenant is ordered to pay $6,931.20 to the Landlords for rent arrears and application filing fee. The Tenant's T2 applications and section 82 claim were dismissed due to lack of evidence supporting allegations of harassment and substantial interference.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
96.6%
Tenant Favorable
1.9%
Mutual Agreement
1.5%
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Financial Details
Lawful Rent
$1,124
Rent Arrears
$6,745
Application Fee
$186
Total Owing
$6,931 (Owed to Landlord)
Source
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