Landlord Wins Termination Case Against Tenants Who Breached Agreement - Rempel v Bichlmeier
Landlord wins case against tenants who breached termination agreement, owed $4000 in unpaid rent
Summarized by RentZenLast updated: July 26, 2024
Case Summary
194 Simcoe Street East, Hamilton, ON L8L3P1
Decision in favor of
landlord
Balance Owed to Landlord
$9,000
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Sep 2021
Hearing Date
Dec 2021
Order Date
Dec 29, 2021
Tenancy End Date
Jan 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order.
Determinations
- Tenants signed agreement to terminate tenancy on August 31, 2021
- Landlord paid Tenants $5,000.00 in compensation
- Tenants have not vacated rental unit
- Tenants owe Landlord $4,000.00 in unpaid rent
- Landlord agreed to delay termination until January 31, 2022
Case Study
The Tenants signed an agreement to terminate their tenancy on August 31, 2021, and the Landlord paid them $5,000.00 in compensation. The Tenants have not vacated the rental unit and have not paid rent from September until now, owing the Landlord $4,000.00 in unpaid rent. The Tenants requested additional time to move, and the Landlord agreed to a request to delay the termination until January 31, 2022.
Arguments and Actions
Tenant
Actions
Tenants have not vacated the rental unit and have not paid rent from September until now.
Decision Summary
The motion to set aside Order SOL-24483-21, issued on September 21, 2021, is denied. The stay of order SOL-24483-21 is lifted on January 31, 2022, and Order SOL-24483-21 is unchanged.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$4,000
Other Owed Amount
$5,000
Compensation paid to Tenants
Total Owing
$9,000 (Owed to Landlord)
Source
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