Puri v Mapara: Non-payment of Rent and Maintenance Dispute in Brampton
Brampton landlord wins eviction for rent arrears, tenant gets partial abatement for maintenance issues
Summarized by RentZenLast updated: July 22, 2024
Case Summary
8 Templehill Rd, Brampton, ON L6R0W2
Decision in favor of
landlord
Balance Owed to Landlord
$5,122
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Jun 2022
Hearing Date
Oct 2022
Order Date
Nov 21, 2022
Tenancy End Date
Dec 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant raised maintenance issues including a faulty window, leaking fridge, bathroom leak, and garage door problem. The Board determined the lawful rent to be $1,850 and granted partial rent abatements for some maintenance issues.
Determinations
- Landlords entitled to $186.00 application filing fee reimbursement
- Landlords served valid N4 Notice
- Lawful monthly rent is $1,850.00
- No last month's rent deposit
- Rent arrears owing to October 31, 2022 are $6,550.00
- Tenant did not void notice by paying arrears
- Tenant granted partial rent abatements for maintenance issues
- Tenant still in possession of rental unit
Case Study
The Tenant could have avoided eviction by paying the full amount of rent arrears and addressing maintenance issues more proactively. The Landlords should have been more diligent in following up on reported maintenance issues and not relied solely on their handyman's direct communication with the Tenant.
Arguments and Actions
Landlord
Arguments
Landlords argued that the lawful rent is $1,850 as stated in the lease agreement.
Actions
Landlords failed to follow up on reported maintenance issues and relied on their handyman's direct communication with the Tenant.
Tenant
Arguments
Tenant argued that the lawful rent should be $1,650 based on previous payments and text messages from the Landlord.
Actions
Tenant reported maintenance issues but did not follow up consistently. Tenant stopped using the bathtub due to leaks.
Decision Summary
The tenancy is terminated unless the Tenant voids the order by paying $8,926.00 by December 31, 2022. If not voided, the Tenant must move out by December 31, 2022, and pay $5,122.22 plus $60.82 per day from October 22, 2022, until move-out. The Landlords must repair specified maintenance issues by December 15, 2022, or face rent deductions.
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,850
Rent Arrears
$6,550
Application Fee
$186
Total Owing
$5,122 (Owed to Landlord)
Source
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