Zou v Wambu
Last updated: July 22, 2024
Order
Ordered by Robert Patchett,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Zou v Wambu, 2024 ONLTB 15095
File Number: LTB-L-045741-22
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Feb 26, 2024
Decision
The Tenant is ordered to pay the Landlord $4,330 in rent arrears and costs, to be paid in monthly installments of $250 plus the regular monthly rent. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant. The Landlord is ordered to pay the Tenant $1,876 in rent abatement and $1,500 in general damages. The Landlord is also ordered to pay a $6,600 fine to the Board. The Landlord's legal representative is ordered to pay a $700 administrative fine to the Board.
Dispute
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord holds $520 rent deposit with $62.97 interest
- Landlord incurred $186 in filing costs
- Landlord served valid N4 Notice
- Lawful rent is $560 per month, due 1st of each month
- Rent arrears of $3,600 as of July 31, 2023
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Tenant paid $4,240 since application filed
Landlord's Arguments
Arguments
The Landlord argued that the Tenant should be evicted due to non-payment of rent.
Actions and Evidence
The Landlord denied cutting off any services to the Tenant, claiming that the issues with internet, water, and power were due to other factors. The Landlord also claimed the bathroom lockout was for safety reasons.
Considerations
The Landlord locked the Tenant out of their bathroom, engaged in threatening behavior, and attempted to unlawfully raise the rent to $1,100 per room.
Tenant's Arguments
Arguments
The Landlord's actions of locking the Tenant out of their bathroom and cutting off services constituted serious breaches of the Landlord's responsibilities under the Residential Tenancies Act, and the Tenant should be granted relief from eviction.
Actions and Evidence
The Tenant was denied access to their bathroom and water services for 9 months, from June 20, 2022 to March 13, 2023. The Tenant was forced to commute to a local community centre to shower and use public washrooms.
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