Aliu v Delainey - LTB Grants Conditional Relief to Tenants in Rent Dispute
Kitchener tenants granted conditional relief to pay off $9536 in rent arrears over 13 months to avoid eviction
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 222 Egerton St, Kitchener, ON N5Z2G7
Dispute resolved in
agreement
Balance Owed to Landlord
$9,536
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Mar 2023
Order Date
Apr 17, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.
Determinations
- N4 notice was validly served
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $850 per month
- Rent arrears of $9,350 as of March 31, 2023
- Landlord entitled to $186 application fee
Case Study
The N4 notice was valid as it was served at least 14 days before the termination date. The Tenants' claim that the $5,100 payments were rent was rejected as the lease agreement clearly stated they were for utilities. The Tenants were still in possession of the rental unit at the time of the hearing.
Arguments and Actions
Landlord
Actions
Landlord testified that the rent arrears have caused him financial duress and he was almost facing a lien on the property.
Tenant
Actions
Tenant Jennifer Doucette testified about her health issues and inability to work full-time.
Decision Summary
The Tenants are ordered to pay the Landlord $9,536 in rent arrears and application costs, with a payment plan of $600 per month from April 2023 to April 2024. If the Tenants fail to make any payment, the Landlord can apply to terminate the tenancy.
Reason for Eviction Relief
Tenant's health issues and financial hardship
Adjudicator Details
LTB Member
Total Orders
484
Landlord Favorable
97.1%
Tenant Favorable
0.8%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$850
Rent Arrears
$9,350
Application Fee
$186
Rent Deposit
$850
Deposit Interest
$97
Total Owing
$9,536 (Owed to Landlord)
Source
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