Ninan v Daoud: Non-payment of Rent Case in Brantford, ON
Brantford tenant evicted, owes $10320 for rent arrears after car damaged building
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 224 Park Ave, Brantford, ON N3S5K2
Decision in favor of
landlord
Balance Owed to Landlord
$10,320
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Mar 2023
Order Date
Mar 29, 2023
Tenancy End Date
Apr 2023
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. Tenant had not paid rent since the application was filed, citing poor unit conditions after a car hit the building. Landlord had also served an N13 Notice of Termination for personal use.
Determinations
- Interest on rent deposit is $18.03
- Landlord holding $1,200.00 rent deposit
- Landlord served valid N4 Notice
- Lawful rent is $1,200.00 due on 1st of each month
- No payments made since application filed
- Rent arrears owing to March 31, 2023 are $12,000.00
- Tenant did not void notice by paying arrears
- Tenant found new accommodations for April 1, 2023
- Tenant received $1,200.00 credit for N13 Notice
- Tenant still in possession of rental unit
Case Study
The Tenant could have filed their own application to address issues with the rental unit's condition. Failing to pay rent without following proper legal procedures weakened the Tenant's position. To potentially change the outcome, the Tenant should have filed a T6 application for maintenance issues or followed the proper process for rent abatement.
Arguments and Actions
Landlord
Arguments
Landlord argued for termination of tenancy due to non-payment of rent, supported by valid N4 Notice and continued non-payment.
Actions
Landlord served both N4 and N13 notices to the Tenant. Landlord provided a $1,200.00 credit to the Tenant as compensation for the N13 Notice.
Tenant
Arguments
Tenant argued that she should not have had to pay rent due to the condition of the rental unit after a car hit the building.
Actions
Tenant did not pay rent due to the condition of the rental unit after a car hit the building. Tenant did not file any issues under section 82 of the Residential Tenancies Act, 2006.
Procedural Errors
Tenant did not file any issues they intended to raise under section 82 of the Residential Tenancies Act, 2006.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying the specified amounts. If not voided, the Tenant must move out by April 9, 2023, and pay $10,320.27 plus $39.45 per day from March 15, 2023, until vacating. The Landlord may file for eviction enforcement starting April 10, 2023, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
477
Landlord Favorable
90.6%
Tenant Favorable
4.4%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,200
Rent Arrears
$12,000
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$18
Other Owed Amount
$1,200
Credit for N13 Notice
Total Owing
$10,320 (Owed to Landlord)
Source
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