Landlord Wins Non-payment Case: Berardi v Leger 2024
Brantford tenants granted conditional relief from eviction, ordered to pay $15786 in rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 136 King George Rd, Brantford, ON N3R5K9
Decision in favor of
landlord
Balance Owed to Landlord
$15,786
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
Apr 2024
Order Date
Apr 24, 2024
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. The tenants were still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,950 due on 1st of each month
- No payments made since application filed
Arguments and Actions
Landlord
Arguments
The Landlord's Representative sought a standard order and submitted that the Tenants have made no good faith payments and the Landlord has no confidence the Tenants will follow through with their proposed payment plan.
Tenant
Arguments
The Tenants sought to preserve the tenancy and proposed paying the Landlord the new rent as it comes due and $1,578.60 each month towards the arrears until the arrears are paid in full.
Actions
Tenants testified that their son had a work-related accident in August 2023 and Shawn Leger lost his job. From September 2023 to April 2024, Shawn Leger worked as an apprentice with unstable hours and lower pay. As of April 2, 2024, Shawn Leger has returned to full-time work and earns $44.97 per hour. Jaden Million was a stay-at-home mom and despite her efforts, she was not able to secure employment until February 18, 2024. The Tenants testified that their son has since recovered and started working again and would contribute $800.00 to the household income. The Tenants testified that they have consistently received $1,975.00 a month for child tax benefits but have struggled since September 2023 to make ends meet. The Tenants testified that they have three other children who attend school in the area, and one child has mental health issues.
Decision Summary
The Landlord's application was granted, but the Tenants were given conditional relief from eviction. The Tenants must pay the $15,786 in arrears and new rent on time according to a payment schedule. If the Tenants fail to make any of the payments, the Landlord can apply to terminate the tenancy without further notice.
Reason for Eviction Relief
Prejudice to the Tenants in terminating the tenancy outweighs the prejudice to the Landlord in continuing the tenancy. This is the first application the Landlord has filed for this tenancy. The Tenants' current household income would be sufficient to cover their expenses and meet the proposed payment plan.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,950
Rent Arrears
$15,600
Application Fee
$186
Total Owing
$15,786 (Owed to Landlord)
Source
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