Sokolov v Maw - LTB Ruling on Rent Arrears, Damage, and Harassment
Barrie landlord and tenant dispute over rent arrears, property damage, and harassment leads to conditional continuation of tenancy
Summarized by RentZenLast updated: October 13, 2024
Case Summary
12 199 Ardagh Rd, Barrie, ON L4M0L1
Dispute resolved in
agreement
Balance Owed to Landlord
$17,072
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Jan 2024
Order Date
Mar 4, 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent, wilful or negligent damage to the rental unit, and persistent late payment of rent. The Tenant filed a T2 application alleging substantial interference with reasonable enjoyment and harassment by the Landlord.
Determinations
- Landlord served valid N4 Notice, but N4 Notice had incorrect rent amount
- Tenant did not void N4 Notice by paying arrears
- Tenant caused damage to carpet and door, costing $400 to repair
- Tenant persistently paid rent late
- Landlord harassed Tenant by requiring new lease with illegal rent increase
- Tenant substantially interfered with by lack of working toilet
Arguments and Actions
Landlord
Arguments
Landlord had right to require new lease and increase rent.
Actions
Landlord required Tenant to sign new lease with rent increase during rent freeze period.
Tenant
Arguments
Damage to door may not have been wilful or negligent, could have been caused by a seizure.
Actions
Tenant placed boxes in furnace room, causing water damage to carpet. Tenant paid rent late on multiple occasions.
Decision Summary
The tenancy will continue if the Tenant pays the rent on time going forward. The Landlord's application for termination of the tenancy is denied. The Tenant is ordered to pay $17,072.15 to the Landlord, which includes rent arrears, damages, and application fees, less the rent abatement awarded to the Tenant.
Reason for Eviction Relief
Tenant has children, lives with disability, and believes she will qualify for social assistance and housing funds to pay arrears
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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Financial Details
Lawful Rent
$1,650
Rent Arrears
$17,500
Application Fee
$202
Rent Deposit
$1,900
Deposit Interest
$79
Damages
$400
Total Owing
$17,072 (Owed to Landlord)
Source
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