Port Burwell Landlord-Tenant Dispute: Rent Arrears and Interference
LTB grants Port Burwell landlord conditional order against tenant for non-payment, late payments, and interference
Summarized by RentZenLast updated: July 26, 2024
Case Summary
22 Elizabeth Street, Port Burwell, ON N0J1T0
Dispute resolved in
agreement
Balance Owed to Landlord
$185
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2020
Hearing Date
Sep 2021
Order Date
Oct 21, 2021
Dispute Summary
The Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and persistent late payment of rent. The Landlord also claimed the Tenant substantially interfered with the reasonable enjoyment of the residential complex.
Determinations
- Tenant did not receive notice of original hearing
- Tenant owed $185 for application filing fee
- Tenant paid all rent owed
- Tenant had unpaid water bills but paid them off
- Tenant persistently paid rent late
- Tenant substantially interfered with Landlord's reasonable enjoyment
Case Study
The Tenant was granted relief from eviction, subject to conditions. The Tenant was ordered to pay the outstanding application filing fee and maintain timely rent and water utility payments for a 12-month period.
Arguments and Actions
Tenant
Actions
The Tenant testified that she did not receive notice of the original hearing that took place on March 6, 2020. She first became aware of the eviction order when the sheriff attended the rental unit on September 14, 2020 to enforce the order.
Procedural Errors
The Tenant did not receive notice of the original hearing.
Decision Summary
The Tenant was granted relief from eviction, subject to the following conditions: 1) The Tenant shall pay the Landlord $185 for the balance of the application filing fee by November 1, 2021, with interest accruing at 2% annually if not paid by that date. 2) The Tenant shall pay the monthly rent on time for the 12-month period from November 1, 2021 to October 1, 2022. 3) The Tenant shall maintain the water account in good standing and pay all water bills on time for the same 12-month period. If the Tenant fails to comply with the conditions, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.
Adjudicator Details
LTB Member
Total Orders
331
Landlord Favorable
78.5%
Tenant Favorable
5.4%
Mutual Agreement
16.0%
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Financial Details
Application Fee
$185
Total Owing
$185 (Owed to Landlord)
Source
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