Rent Arrears Case: Sufi Properties vs Nieman 2024 LTB Order
Tenants ordered to pay $16866 in rent arrears to Former Landlord after complex dispute
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 9 Bennett St, Pembroke, ON K8A3Y6
Decision in favor of
landlord
Balance Owed to Former Landlord
$16,866
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
May 2022
Hearing Date
Mar 2024
Order Date
Sep 20, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Former Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The application was modified to seek arrears only up to January 31, 2024, when the property was sold.
Determinations
- Lawful rent was $715.00
- N4 Notice contained incorrect rent amounts
- Arrears owed up to January 31, 2024 are $16,680.00
- Application granted for arrears only
Case Study
The N4 Notice was found invalid due to incorrect rent amounts, but the Former Landlord was permitted to pursue arrears up to the property sale date.
Arguments and Actions
Landlord
Arguments
Sought arrears up to property sale date
Actions
Willing to adjust arrears and provide credits to Tenant
Tenant
Arguments
Challenged the N4 Notice's rent amount and validity
Actions
Tenant admitted to late disclosure of materials, claimed phone issues and mental health stress as reasons
Procedural Errors
Decision Summary
Tenants ordered to pay $16,866.00 in arrears to the Former Landlord by October 1, 2024, or interest will accrue at 7% annually.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Lawful Rent
$715
Rent Arrears
$16,680
Application Fee
$186
Total Owing
$16,866 (Owed to Former Landlord)
Source
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