Landlord Wins Rent Arrears Case Against Tenant: Sireg Management Inc. v Wilson
LTB Orders Tenant to Pay $7489 in Rent Arrears: Sireg Management Inc. v Wilson
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 558 Durham Crescent, Woodstock, ON N4S5X3
Decision in favor of
landlord
Balance Owed to Landlord
$7,490
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Feb 24, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Board found it reasonable to order the Tenant's proposed payment plan, as Landlord did not attempt to negotiate an agreement for the period from December 2020 to November 2021 as required
- Landlord opposed the request, indicating Tenant communicated they were deliberately withholding rent and became aggressive
- Lawful monthly rent is $833.48 as of January 1, 2022
- Tenant has not paid rent from December 1, 2020 to February 28, 2022
- Tenant is in possession of the rental unit
- Tenant made no payments after the application was filed
- Tenant requested a 4-month payment plan to catch up on arrears
- Tenant was hospitalized and on limited ODSP income
Case Study
The Tenant has not paid the total rent the Tenant was required to pay for the period from December 1, 2020 to February 28, 2022. The Tenant is in possession of the rental unit. The Tenant made no payments after the application was filed. The Tenant was hospitalized and on limited ODSP income, and requested a payment plan to catch up on the arrears within 4 months. The Landlord was opposed to the request, indicating the Tenant communicated in November that they were deliberately withholding rent and became aggressive in discussions. The Board found it reasonable to order the Tenant to make the payments they proposed under a payment plan, as the Landlord did not attempt to negotiate an agreement for a payment plan with the Tenant for the period from December 2020 to November 2021 as required.
Arguments and Actions
Landlord
Arguments
Landlord was opposed to the Tenant's request for a payment plan.
Procedural Errors
Landlord did not attempt to negotiate an agreement for a payment plan with the Tenant for the period from December 2020 to November 2021 as required by the Act.
Aggravating Factors
Landlord was opposed to the Tenant's request for a payment plan and indicated the Tenant communicated they were deliberately withholding rent and became aggressive in discussions.
Tenant
Actions
Tenant was hospitalized and on limited ODSP income, and requested a 4-month payment plan to catch up on arrears.
Aggravating Factors
Tenant communicated they were deliberately withholding rent and became aggressive in discussions with the Landlord.
Decision Summary
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays the Landlord $7,489.96 in arrears and current rent according to a payment plan. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and the balance owing shall become payable with interest.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$833
Rent Arrears
$7,490
Total Owing
$7,490 (Owed to Landlord)
Source
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