Liu v Rivard - LTB Grants Conditional Relief from Eviction
LTB denies landlord's eviction application, grants conditional relief to tenants in London rent dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1775 Culver Dr, London, ON N5V3H6
Dispute resolved in
agreement
Balance Owed to Landlord
$1,386
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 20, 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.
Determinations
- Landlord served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants in possession on application date
- Lawful rent is $1,230 due on 1st of each month
- Tenants paid $12,240 since application filed
- Rent arrears owing to July 31, 2024 are $1,200
- Landlord incurred $186 application filing fee
- Landlord holds $1,200 rent deposit with $112.31 interest
Arguments and Actions
Tenant
Arguments
Tenants argue the text messages show the Landlord agreed to waive one month's rent.
Actions
Tenants believed one month's rent was waived due to a leak, based on text messages with the Landlord's agent.
Decision Summary
The Landlord's application to terminate the tenancy and evict the Tenants for non-payment of rent is denied, subject to the Tenants paying $1,386 in arrears by August 31, 2024. The Tenants believed one month's rent was waived due to a miscommunication, but the Landlord did not explicitly agree to waive the rent.
Reason for Eviction Relief
Tenants have continuously paid rent and the arrears are due to a miscommunication. The payment plan is reasonable.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,230
Rent Arrears
$1,200
Application Fee
$186
Rent Deposit
$1,200
Deposit Interest
$112
Total Owing
$1,386 (Owed to Landlord)
Source
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