Landlord Wins Rent Arrears Case Against Tenant in Plattsville, ON: Wearn v Armstrong 2021
Landlords awarded over $14500 in rent arrears and costs after successfully terminating tenancy of non-paying tenant in Plattsville, Ontario
Summarized by RentZenLast updated: July 26, 2024
Case Summary
16 Douro Street, Plattsville, ON N0J1S0
Decision in favor of
landlord
Balance Owed to Landlord
$14,514
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2020
Hearing Date
Jun 2021
Order Date
Nov 23, 2021
Tenancy End Date
Dec 2021
Dispute Summary
Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent, alteration of locks without consent, and serious impairment of safety. The Tenant claimed he was entitled to withhold rent due to the Landlords' failure to provide their mailing address.
Determinations
- Tenant did not pay rent from May 1, 2019 to June 30, 2021
- Landlords served valid N4 and N7 Notices
- Tenant altered locks without authorization
- Landlords collected $675 rent deposit
- Parties agree to terminate tenancy on July 31, 2021
- Rent arrears owed is $12,304.76 to June 30, 2021
- Tenant not entitled to withhold rent under Section 12
Case Study
The Tenant is not entitled to withhold rent under Section 12 of the Residential Tenancies Act, as the Landlords substantially complied with providing their mailing address. The Tenant must pay the rent arrears and compensation owed to the Landlords.
Arguments and Actions
Landlord
Arguments
Landlords argue they substantially complied with providing their mailing address, so the Tenant is not entitled to withhold rent.
Actions
Landlords provided their mailing address on various documents, including the lease agreement and N1 Notices.
Tenant
Arguments
Tenant claims he was entitled to withhold rent under Section 12 of the Residential Tenancies Act due to Landlords not providing their mailing address.
Actions
Tenant withheld rent from May 2019 to July 2020 due to not having Landlords' mailing address.
Procedural Errors
Tenant did not provide any evidence to verify his claim about issues with Landlords' mailing address.
Decision Summary
The tenancy is terminated effective December 4, 2021. The Tenant must pay the Landlords $14,513.61, which includes rent arrears, compensation, and application fees, less the rent deposit and interest owed. If the Tenant does not pay by December 4, 2021, the Landlords may file the order with the Court Enforcement Office for eviction.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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Financial Details
Rent Arrears
$12,305
Application Fee
$201
Rent Deposit
$675
Deposit Interest
$67
Total Owing
$14,514 (Owed to Landlord)
Source
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