Retsinas v Wagner: Eviction Order Upheld for Non-payment and Breach of Conditions
Aylmer tenants face eviction for breaching previous order and non-payment of $6816 in rent
Summarized by RentZenLast updated: July 22, 2024
Case Summary
11248 Culloden Road, Aylmer, ON N5H2R3
Decision in favor of
landlord
Balance Owed to Landlord
$6,816
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
Sep 2021
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for termination of tenancy and eviction due to Tenants' failure to meet conditions specified in a previous order. Tenants filed a motion to set aside the eviction order. The Board denied the motion but delayed the lifting of the stay on the eviction order.
Determinations
- Delay in lifting stay warranted due to length of tenancy and family circumstances
- Setting aside eviction order would be unfair
- Tenants breached previous order SWL-49539-21
- Tenants failed to pay $36.00 of the $1,836.00 due on August 20, 2021
- Tenants stopped paying rent after receiving N12 notice
- Tenants' explanation for the breach was insufficient
Case Study
The Board found that the Tenants breached the previous order by failing to pay the full amount due on time. The Tenants' explanation for the breach was deemed insufficient, and their subsequent non-payment of rent was not justified by the receipt of an N12 notice or lack of communication from the Landlord. The Board concluded that setting aside the eviction order would be unfair, given the evidence suggesting the Tenants may not be able to afford the rental unit.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenants had no barrier to communication with the Landlord's representative and sought immediate lifting of the stay.
Actions
Landlord opposed the Tenants' motion, citing continued accumulation of arrears and prejudice caused.
Tenant
Arguments
Tenants argued that they breached the order due to an honest mistake and proposed a repayment plan to maintain their tenancy.
Actions
Tenants breached the previous order by underpaying $36.00 in August 2021. They stopped paying rent from September 2021 to February 2022 after receiving an N12 notice.
Aggravating Factors
Tenants stopped paying rent after receiving N12 notice, accumulating significant arrears.
Decision Summary
The Board denied the Tenants' motion to set aside the eviction order but delayed lifting the stay until March 31, 2022, considering the length of tenancy and family circumstances.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,130
Rent Arrears
$6,816
Total Owing
$6,816 (Owed to Landlord)
Source
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