Landlord Wins Eviction Case Against Tenants Owing $26774 in Rent Arrears: Rana v Wagenaar 2024
Landlord wins eviction case against tenants owing $26774 in rent arrears in Brantford
Summarized by RentZenLast updated: August 6, 2024
Case Summary
77 Ashgrove Ave, Brantford, ON N3R6E6
Decision in favor of
landlord
Balance Owed to Landlord
$26,774
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Feb 2024
Tenancy End Date
Mar 2024
Order Date
Apr 30, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after the Tenants failed to meet a condition specified in a previous LTB order.
Determinations
- Tenant failed to meet condition of previous order
- Total amount owing to Landlord is $26,774.00
- It would be unfair to set aside previous order
Case Study
The Tenant failed to meet a condition specified in the previous LTB order, which was to make a payment due on November 15, 2023. The Tenant requested additional time to move out due to medical issues and difficulty finding affordable housing, but the Landlord opposed setting aside the previous order. The adjudicator found it would be unfair to further delay the lifting of the stay on the previous order, given the Tenant's history of non-payment and inability to adhere to payment plans.
Arguments and Actions
Landlord
Actions
Landlord was amenable to a move-out date of March 31 but was hoping the Tenant could be evicted sooner. Landlord has been dealing with Tenant's non-payment of rent since January 2022 and was concerned with the very high amount owing and the Tenant's inability to pay it back.
Aggravating Factors
Landlord has been dealing with Tenant's non-payment of rent since January 2022 and has tried working with the Tenant by agreeing to payment plans in the past. Parties have a long history before the LTB.
Tenant
Actions
Tenant requested 3-4 months or until April 30th to May 31, 2024 to move out due to medical issues and difficulty finding affordable housing. Tenant has 2 young children ages 13 and 8 and did not want to move during the cold weather.
Aggravating Factors
Tenant failed to make payment due on November 15, 2023 as specified in previous order. Tenant did not provide much detail about medical issues or explain whether they ever intended to stick to the payment plan.
Decision Summary
The motion to set aside the previous order is denied. The stay of the previous order is lifted immediately. The Tenant is ordered to vacate the property by March 31, 2024.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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Financial Details
Rent Arrears
$26,774
Total Owing
$26,774 (Owed to Landlord)
Source
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