Pela Social Housing v Moore: Eviction for Breach of Settlement, Napanee, ON
Napanee social housing tenant evicted for breaching mediated settlement, owes $15600
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 215 Church Street, Napanee, ON K7R1C5
Decision in favor of
landlord
Balance Owed to Landlord
$15,600
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Jan 17, 2022
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to meet conditions specified in a previous mediated settlement. The Tenant failed to pay $150.00 and the lawful rent for December by December 1, 2021, as required by the settlement.
Determinations
- Landlord entitled to request payment of arrears and compensation
- Tenant did not pay $150.00 by December 1, 2021
- Tenant did not pay December rent by December 1, 2021
- Tenant failed to meet conditions specified in mediated settlement
Case Study
The Tenant lost due to failure to comply with the terms of the mediated settlement. To potentially reverse the decision, the Tenant could have filed a motion to set aside the order under s. 78(9) of the Act by January 27, 2022, which would have stayed the order and scheduled a hearing.
Arguments and Actions
Landlord
Arguments
Landlord is entitled to request payment of arrears and compensation due to Tenant's breach of settlement conditions.
Actions
Landlord applied for termination and eviction based on Tenant's failure to meet conditions in the mediated settlement.
Tenant
Actions
Tenant failed to pay $150.00 and December rent by December 1, 2021, as required by the mediated settlement.
Decision Summary
The tenancy is terminated effective January 28, 2022. The Tenant must pay $15,600.00 to the Landlord for rent arrears up to December 31, 2021, plus $33.76 per day starting January 1, 2022, until the Tenant moves out. If the Tenant does not vacate by January 28, 2022, the Landlord may file for eviction enforcement.
Adjudicator Details
LTB Member
Total Orders
547
Landlord Favorable
83.0%
Tenant Favorable
2.0%
Mutual Agreement
15.0%
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Financial Details
Rent Arrears
$15,600
Other Owed Amount
$34
Daily compensation starting January 1, 2022
Total Owing
$15,600 (Owed to Landlord)
Source
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